Bar Council of India Notice

Disclaimer & Confirmation

As per the rules of the Bar Council of India, an advocate is not permitted to solicit work or advertise. By clicking “I Agree” below, you acknowledge and confirm that:

you are seeking information about Advocate Manish Jha of your own accord and for your own information and use; there has been no advertisement, personal communication, solicitation, invitation or inducement of any kind whatsoever from Advocate Manish Jha or the chamber to solicit any work through this website; the information made available here is provided only on your specific request; and no information on this website is to be construed as legal advice, nor does its use create any advocate-client relationship.

⚖  E-397, 4th Floor, Tagore Garden Extension, New Delhi – 110027 Mon–Sat  ·  +91 98738 50301  ·  legal@advocatemanishjha.com
Advocate Manish Jha Criminal · Civil · Family Law — New Delhi ☎  Consult the Chamber
Home › Matrimonial & Family — Maintenance
Practice Explainer · Hindu Adoptions and Maintenance Act, 1956

When the Earner Dies: Dependants' Maintenance From the Estate Under Sections 21 and 22 HAMA

Maintenance law does not end with the death of the person obliged to pay. Sections 21 and 22 of HAMA make the heirs who take a deceased Hindu's estate liable to maintain his or her dependants out of that estate.

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

Identify the estate. Everything the deceased left — self-acquired property, shares in joint property that devolved, bank balances, receivables — net of debts. The claim operates on this fund, not on the heirs’ own property.
Identify the takers. Heirs on intestacy, or legatees under a will. Each is liable in proportion to the value of the share taken (Section 22(3)). If a dependant took a share herself, her claim against the others is barred (Section 22(4)); if some heirs are themselves dependants, inter-se adjustment follows the same proportionality.
Establish dependency. The claimant must fall within the Section 21 list, and for several categories must show inability to obtain maintenance from the sources the section ranks first — a widowed daughter-in-law, for instance, must show she cannot be maintained from her husband\'s estate, her own children, or her parents.
Prove wants and means. Section 23\'s factors: the estate\'s net value, testamentary provision, relationship, the claimant\'s reasonable wants and own means, and the number of competing dependants.

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.

ProvisionWhat it does
Section 21, HAMADefines nine categories of dependants of a deceased Hindu
Section 22, HAMAObliges heirs to maintain dependants out of the estate, proportionate to shares taken
Section 23, HAMADiscretion and factors for fixing quantum
Sections 24–25, HAMADisentitlement; alteration on changed circumstances
Sections 27–28, HAMACharge 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.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 10 October 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.