Code: Section 22 – Maintenance of Dependants
(1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherited by them from the deceased.
(2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.
(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.
(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has obtained a share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.
Explanation of Section 22
Section 22 of the Hindu Adoptions and Maintenance Act, 1956, outlines the responsibility of heirs to support the dependants of a deceased Hindu from the estate they inherit. This section provides a legal safety net for dependants, ensuring that they are not left destitute due to inheritance practices.
Key Provisions
- Heirs inheriting a deceased Hindu’s estate are obligated to maintain the deceased’s dependants.
- A dependant who does not receive a share of the estate is still entitled to claim maintenance from those who do.
- Each heir’s liability is proportionate to the value of the estate they receive.
- An heir who is also a dependant and would be left with less than adequate maintenance cannot be forced to contribute to others.
This section ensures fairness and balances the rights and responsibilities of heirs and dependants.
Illustration
Example 1: Dependant Not Receiving a Share
Ram passes away, survived by his son and elderly mother. If Ram’s son inherits the entire estate and the mother receives nothing, she can still claim maintenance from the son.
Example 2: Multiple Heirs
If Ram had two sons who inherited equally, both are liable to contribute to the maintenance of their grandmother based on the value of their respective shares.
Example 3: Heir is Also a Dependant
If one of Ram’s sons is financially dependent and receives a small portion of the estate, he cannot be compelled to contribute to another dependant’s maintenance if it would leave him with less than what he is entitled to under the Act.
Common Questions and Answers on Section 22
Q1. Who qualifies as a “dependant” under this Act?
A: Dependants include the deceased’s spouse, minor children, aged parents, unmarried daughters, and others financially reliant on the deceased during their lifetime.
Q2. Can a dependant claim maintenance if excluded from the will?
A: Yes. Even if excluded by testamentary or intestate succession, a dependant can claim maintenance from those who inherit.
Q3. How is the liability among heirs determined?
A: Each heir’s liability is based on the proportion of the estate they inherit.
Q4. Are both male and female heirs equally liable?
A: Yes. Liability is determined by share value, not gender.
Q5. Can a dependant who inherits a small portion be exempt from liability?
A: Yes, if enforcing liability would leave them with less than what they are entitled to as maintenance.
Conclusion
Section 22 of the Hindu Adoptions and Maintenance Act serves to protect the financial rights of dependants by imposing proportionate obligations on heirs. It reinforces the principle that inheritance carries with it the duty to provide for those left behind.
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