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Family Maintenance Agreement

A Family Maintenance Agreement records that one family member will pay another a fixed monthly amount for their upkeep, for example a son supporting an elderly parent, or a spouse supporting the other spouse or a child.

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FAMILY MAINTENANCE AGREEMENT This Agreement is executed on [execution_date] between [payer_name] and [recipient_name], who are related as [relationship]. 1. MAINTENANCE AMOUNT [payer_name] agrees to pay [recipient_name] a monthly maintenance amount of Rs. [monthly_amount], payable by [payment_date_each_month] of each month. 2. NATURE OF THIS AGREEMENT This Agreement records the parties' mutual understanding regarding maintenance and does not affect either party's independent legal rights or remedies under applicable law. 3. REVIEW The amount agreed above may be revised by mutual written consent as circumstances change. IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. PAYER RECIPIENT [payer_name] [recipient_name] Where the Recipient is a minor, signed on the Recipient's behalf by the guardian: Name ______________________ Signature ______________ WITNESSES 1. Name: ______________________ Signature: ______________ Address: ______________ 2. Name: ______________________ Signature: ______________ Address: ______________

Family Maintenance Agreement: what it is

A Family Maintenance Agreement records that one family member will pay another a fixed monthly amount for their upkeep, for example a son supporting an elderly parent, or a spouse supporting the other spouse or a child. It states the amount, the monthly due date and the relationship, and allows the amount to be revised by written consent.

When you need this document

  • Adult children agree among themselves that one of them will pay a fixed monthly amount towards an aged parent's living costs.
  • A husband living separately agrees to pay maintenance to his wife without going to court.
  • A parent living apart from the children agrees to pay a monthly sum for their education and upkeep.
  • A family wants a written record of support payments to avoid misunderstandings among siblings or relatives.

What it covers

  • The names of the person paying and the person receiving maintenance, and how they are related.
  • The monthly maintenance amount in Rs.
  • The date by which payment is due each month.
  • A statement that the agreement does not affect either party's independent legal rights and remedies.
  • A clause allowing the amount to be revised by mutual written consent as circumstances change.
  • The date of execution and signatures of both parties.

How to fill, sign and use it

  1. Agree on a realistic monthly amount based on the recipient's needs and the payer's income, and on the payment date.
  2. Fill in the agreement and decide how payment will be made, preferably by bank transfer or standing instruction to a named account.
  3. Both parties sign the agreement, ideally before two witnesses, and check whether your state requires stamp duty on it.
  4. Get it notarised if you want added proof, and keep one original each.
  5. Keep bank statements or receipts for every payment made under the agreement.
  6. Record any revision of the amount in a fresh written document signed by both parties.

Documents to attach or keep with it

  • Identity proof of both parties
  • Proof of the relationship, such as a marriage certificate or birth certificate
  • Bank account details of the recipient
  • Any earlier written arrangement on maintenance that this agreement replaces

The law behind it

Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is obliged to maintain a wife, minor children and aged or infirm parents who cannot support themselves. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old section 125 CrPC) lets a wife, child or parent claim maintenance from a magistrate regardless of religion. Senior citizens and parents can also apply to a tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Other communities follow their own personal law. A private agreement records the arrangement but does not take away these statutory rights.

Common mistakes to avoid

  • Fixing an amount without a payment date or a method of payment, which makes defaults hard to prove.
  • Paying in cash without receipts, so payments cannot be shown later.
  • Treating the agreement as a bar to any future claim, when the recipient can still approach a court or tribunal if needs change or payment stops.
  • Changing the amount orally without a written revision signed by both parties.

Family Maintenance Agreement: frequently asked questions

Is a family maintenance agreement enforceable in court?

It is a contract and can be used to show what was promised and what was paid. If payments stop, the recipient can rely on it as evidence, or may choose to file a maintenance claim under the applicable law, where the court decides the amount on its own assessment.

Can a parent claim maintenance from children even after such an agreement?

Yes. The agreement itself says it does not affect either party's legal rights. A parent who cannot maintain themselves can still apply to the tribunal under the senior citizens' maintenance law or to a magistrate, particularly if the agreed amount is not paid or becomes inadequate.

Does a maintenance agreement need stamp paper or registration?

Registration is not required for an agreement that only provides for monthly payments. Stamp duty on such agreements varies by state, so check your state's rules. Notarisation is optional but helps prove that both parties signed.

How is the maintenance amount decided?

In a private agreement, the parties decide it themselves. Courts, when they decide maintenance, look at the recipient's reasonable needs and standard of living and the payer's income and other obligations. Using similar factors while agreeing the amount makes it less likely to be challenged later.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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