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Maintenance of Dependants — S.21-22 HAMA

Topic 45 | Module 4: HAMA, 1956 | The Legal Bridge

For Judicial Service Aspirants: RJS | DJS | PCS-J | HJS | APO

Comprehensive Study Notes with Landmark Case Laws, Mnemonics & Exam Tips

Maintenance of Dependants — Section 21-22 HAMA

Relevant Provisions: Sections 21, 22 of Hindu Adoptions and Maintenance Act, 1956

Priority: MEDIUM | Exam Relevance: RJS / DJS

1. Introduction

Sections 21 and 22 HAMA create a framework for maintenance of DEPENDANTS — persons who had a right to be maintained by a deceased Hindu during his or her lifetime, and who can now claim maintenance from the deceased's estate. This is distinct from S.18 (wife's maintenance during husband's lifetime) and S.20 (children's and parents' maintenance during the obligor's lifetime). The dependants' claim is essentially a claim AGAINST THE ESTATE of a deceased person, not against a living person. It ensures that those who depended on the deceased for support are not left destitute after the death.

2. SECTION 21 — WHO ARE DEPENDANTS

"(1) In this chapter 'dependant' means any of the following relatives of the deceased:—

(i) his or her father;

(ii) his or her mother;

(iii) his or her widow, so long as she does not remarry;

(iv) his or her son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he is a minor: provided that where the dependant has obtained by devolution any share in the estate of a Hindu dying after the commencement of this Act, he or she shall not be entitled to claim maintenance under this chapter if the share so obtained is sufficient for his or her maintenance;

(v) his or her unmarried daughter or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried: provided...

(vi) his or her widowed daughter-in-law: provided...

(vii) his or her minor illegitimate son, so long as he remains a minor;

(viii) his or her illegitimate daughter, so long as she remains unmarried."

2.1 List of Dependants

2.2 Key Feature — Devolution Proviso

The proviso to S.21 provides that if a dependant has already obtained a SHARE in the deceased's estate by devolution (inheritance), the dependant is NOT entitled to maintenance if that share is SUFFICIENT for maintenance. This prevents double benefit — inheriting property AND claiming maintenance from the same estate.

3. 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 devolution or otherwise, 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."

3.1 Key Principles

1. Claim against estate: Dependants claim from the ESTATE, not personally from the heirs. The heirs' obligation is limited to the extent of the estate inherited.
2. Heirs liable: Those who TAKE the estate are bound to maintain.
3. Priority: Debts have priority over maintenance claims (S.26). Maintenance is subordinate to debts.
4. Charge on property: Under S.27, maintenance can be made a charge on the inherited property in certain circumstances.

4. LANDMARK CASES

⚖️ Bhagwan Dutt v. Kamla Devi AIR 1975 SC 83

Ratio: Supreme Court on dependant's maintenance. The claim is against the estate, not against heirs personally. Heirs are liable to the extent of the estate inherited.

⚖️ Ram Chandra v. Girja Shankar AIR 1966 SC 428

Ratio: Discussed the devolution proviso. If the dependant has already inherited a sufficient share, no further maintenance claim lies.

⚖️ Puttrangamma v. Ranganna AIR 1968 SC 1018

Ratio: On widowed daughter-in-law's claim. She is entitled to maintenance from her father-in-law's estate until she remarries or is able to maintain herself.

5. IMPORTANT POINTS FOR EXAM REVISION

1. S.21 — 8 categories of dependants: Father, mother, widow, minor sons/grandsons, unmarried daughters/granddaughters, widowed daughter-in-law, illegitimate minor sons, illegitimate unmarried daughters.
2. Claim against ESTATE: Not personal liability of heirs.
3. Devolution proviso: If share inherited is sufficient, no further claim.
4. Debts have priority: S.26 — debts before maintenance.
5. Can be made charge: S.27 — maintenance as charge on property.
6. Widow until remarriage: Widow's claim ceases on remarriage.
7. Unmarried daughter: Claim ceases on marriage.

🧠 MNEMONIC: 8 Dependants — 'FM-WS-UD-WD-IS-ID'

Father, Mother — Widow, Sons (minor+grandsons) — Unmarried Daughters (+granddaughters) — Widowed Daughter-in-law — Illegitimate Sons (minor) — Illegitimate Daughters (unmarried).

🎯 EXAM TIP

Key points: (1) 8 categories in S.21; (2) Claim is against ESTATE not heirs personally; (3) Devolution proviso — inherited share sufficient = no maintenance; (4) S.26 — debts priority; (5) Widow claim ceases on remarriage.

6. PRACTICE QUESTIONS

Q1: Who are 'dependants' under Section 21 HAMA? Discuss each category.

Q2: Is the dependant's claim for maintenance against the heirs personally or against the estate? Discuss.

Q3: A widowed daughter-in-law claims maintenance from her deceased father-in-law's estate. Discuss her rights.

Q4: A dependant has inherited a small portion of the estate. Can she still claim maintenance? Discuss the devolution proviso.

Q5: Discuss the priority of debts over maintenance claims under Section 26 HAMA.