Section - 22. Maintenance of dependents
(1) Subject to the provisions of sub section (2) the heirs of a deceased Hindu are bound of 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.
COMMENTS
A person having concubine and he himself dying after the Act coming into force, would confer a right to maintenance upon the concubine.-Laxminarasamma v. Sundaraamma AIR 1981 AP 88.
Where no property is inherited by the brothers from their father, they cannot be compelled to contribute for the marriage of their sister.-Challaiyan v. Salia Krishan AIR 1982 Mad 148.
Where there is no maintenance from the estate of the husband or from her son or daughter such Hindu widow, is to be taken as dependant of the father-in-law under this section as s,19 would not be having its application to such a case .-Bitala Kunwari v. Girand Singh AIR 1983 All 425.
View Previous | View Next
