Most maintenance litigation is fought between living spouses. But a distinct and often overlooked branch of the law answers a different question: what happens to those who were dependent on a Hindu who has died? The Hindu Adoptions and Maintenance Act, 1956 answers it through Sections 21 and 22 — a defined list of “dependants”, and a liability imposed on the heirs who take the estate to maintain them out of it. For widows, aged parents, minor children and widowed daughters-in-law left out of the succession, these provisions are frequently the only remedy.
Where this remedy fits
Section 144 BNSS maintenance dies with the respondent; HMA maintenance operates between spouses. The HAMA scheme is different in kind: it attaches to the estate. The claim is civil, brought as a suit before the civil court or family court of competent jurisdiction, and it binds the heirs to the extent of what they inherited — never personally beyond it. Three provisions do the work: Section 21 defines who may claim, Section 22 says who must pay and in what proportion, and Section 23 governs quantum.
The structure of liability
The widowed daughter-in-law deserves particular mention. Section 19 HAMA gives her a claim against her father-in-law while he lives, limited to coparcenary property in his hands from which she has not obtained a share; on his death, Section 21(vii) carries her into the dependants’ list against his estate. The two provisions together form a safety net for a woman who received nothing from her husband’s side — but each is conditional, and pleadings must track the conditions precisely.
Drafting and enforcement
Plead the estate with particulars: a schedule of properties and approximate values, identifying what each heir took. Proportionate liability cannot be decreed against vague pleadings.
Seek a charge: because Section 27 makes maintenance a charge only when created by will, decree or agreement, the plaint should expressly pray for the decretal amount to be charged on specified estate property. A charge survives transfers far better than a personal direction.
Watch transfers: under Section 28, a purchaser for value without notice takes free of the right. Where heirs begin alienating estate property, interim protection against alienation should be sought early.
Amount is variable: like other maintenance, awards can be altered on a material change of circumstances (Section 25), and are disentitled in cases Section 24 covers, such as a claimant who has ceased to be a Hindu.
| Provision | What it does |
|---|---|
| Section 21, HAMA | Defines nine categories of dependants of a deceased Hindu |
| Section 22, HAMA | Obliges heirs to maintain dependants out of the estate, proportionate to shares taken |
| Section 23, HAMA | Discretion and factors for fixing quantum |
| Sections 24–25, HAMA | Disentitlement; alteration on changed circumstances |
| Sections 27–28, HAMA | Charge only if created; effect of transfers of estate property |
Frequently Asked Questions
Who is a "dependant" under Section 21?
The section lists them: the deceased's father; mother; widow (so long as she does not remarry); minor sons, grandsons and great-grandsons (through predeceased sons) who cannot obtain maintenance from their own father or mother; unmarried daughters, granddaughters and great-granddaughters in the same chain; a widowed daughter unable to obtain maintenance from her husband's estate, children or father-in-law; a widowed daughter-in-law and widowed granddaughter-in-law unable to obtain it from other listed sources; and the deceased's illegitimate minor sons and unmarried illegitimate daughters.
Who is liable to pay?
Under Section 22, the heirs of a deceased Hindu are bound to maintain the dependants out of the estate inherited by them. The liability is proportionate: each person who takes a share of the estate is liable in proportion to the value of that share. A dependant who has herself received a share of the estate, however, cannot claim maintenance from others — the share stands in place of the claim.
How is the amount fixed?
Section 23 makes the award discretionary and lists the considerations: the net value of the estate after debts; the provision, if any, made under the deceased's will; the degree of relationship; the dependant's reasonable wants, past relations with the deceased, and own earnings and property; and the number of dependants entitled. Section 23(1) also confirms the court's overall discretion whether to award maintenance at all.
Is the claim a charge on the estate property?
Not automatically. Under Section 27, a dependant's maintenance is not a charge on the estate unless one has been created by the will, a decree, an agreement, or otherwise. And under Section 28, a transferee of the property takes subject to the right only with notice of it or where the transfer is gratuitous — which is why obtaining a decree, and where possible a charge, matters for enforcement.