Balancing Equitable Enforcement and Property Rights: Revisiting Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 of India

Abstract

Abstract The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter “MWPSC Act”) of India, specifically section 23, addresses the responsibility of heirs towards their parents’ maintenance and the consequences of failure in such obligations. This article critically evaluates the interpretation and application of section 23, focusing on the judicial reasoning, implications on property rights, and comparisons with international jurisprudence. The article proposes a balanced approach to ensure equitable enforcement while safeguarding third-party interests and the broader legal landscape. It advocates for a nuanced understanding of the statute, emphasizing the need for explicit conditions, limitations on resorting to section 23, and harmonizing maintenance obligations with property rights. Drawing from foreign legal systems, this article underscores the uniqueness of Indian legislation while highlighting the absence of similar provisions in other jurisdictions. By analysing the interpretation and application of section 23 of the MWPSC Act, this article contributes to the broader discourse on balancing legislative intent, public policy, familial obligations, and property rights in the context of elder care in India.