21. DEPENDANTS DEFINED.-
For the purposes of this chapter "dependants" means the following relatives of the deceased.
i. his or her father.
ii. his or her mother,
iii. his widow, so long as she does not re-marry.
iv. his or her son or the son of his pre-deceased son or the son of a pre-deceased son of his pre-deceased son, so long as he is a minor, provided that to the extent that he is unable to obtain maintenance, in the case of a grandson from his father’s or mother’s estate, and in the case of a great grand-son, from the estate of his father or mother or father or father’s mother.
v. his or her unmarried daughter or the unmarried daughter of his pre-deceased son or the unmarried daughter of a pre-deceased son of his pre- deceased son, so as long as she remains unmarried.
Provided that to the extent that she is unable to obtain maintenance, in the case of a grand- daughter from her father’s or mother’s estate and in the case of a great-grand-daughter from the estate of her father or mother or father’s father or father’s mother.
vi. his widowed daughter, provided and to the extent that she is unable to obtain maintenance -
a. from the estate of her husband, or
b. from her son or daughter if any, or his or her estate, or
c. from her father-in-law or his father or the estate of either of them.
vii. any widow of his son or of a son of his predeceased son, so long as she does not remarry:
Provided that to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son or daughter, if any, or his or her estate, or in the case of a grandson’s widow, also from her father-in-law’s estate.
viii. his or her minor illegitimate son, so long as he remains a minor.
ix. his or her illegitimate daughter, so long as she remains unmarried.
20. 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.
PARENTS.—
The parents of a Hindu have a right to maintenance against the property of their daughter or son inherited by any person. The mother is a Class I heir and the father is in category I of Cass II heirs of a Hindu male.
The father being in Class II of the heirs of a Hindu male, he will not take property in the presence of the mother or any other Class I heir. And it may happen that the mother may be excluded by the will of the deceased.
As to the heirs of a Hindu female, parents come in entry III and even on intestate succession their turn will come much later. Even when they are heirs, they may be excluded by the will of the deceased Hindu female.
When parents do not get a share in the property of their son or daughter, whosoever gets it takes it subject to their right of maintenance.
Section 21 nowhere says that if the parents have independent means of maintenance, the heir has no obligation to maintain them.
Thus, lack of means on the part of parents to maintain themselves is not a condition precedent for their
claim of maintenance though the court, while fixing the amount of maintenance, will take into account the income or other property of the claimant.
Thus, the existence of independent means of maintenance on part of the mother or father will affect the quantum of maintenance and not their right to claim maintenance.
The mother’s claim cannot be defeated even if she is unchaste or has remarried.
WIDOWS.—
Here we would discuss three widows,
a. the widow of the deceased,
b. widow of his or her predeceased son and
c. widow of his or her predeceased son of a predeceased son.
All the three widows are Class I heirs of a Hindu male.
As heirs to Hindu female, the son’s widows or grandson’s widows or great grandson’s widows are in entry II (as heirs of the husband of the deceased Hindu female).
In the former case, a Hindu may dispose of his property by a will to the exclusion of all the three widows.
In the latter case, the widows will inherit in the absence of the husband, son, daughter and children and predeceased son and predeceased daughter.
This means that even if a Hindu female dies intestate leaving behind any of the aforesaid heirs, the son's widow and grandson’s widow will be dependents and can claim maintenance.
As in the case of parents, so in the case of the widow, the section does not say that her claim of maintenance will arise only if she has no other means of maintenance.
Her unchastity is no bar to the claim of maintenance.
But if she had remarried, she forfeits her claim.
Moral duty of the father-in-law ripens into a legal obligation in the hands of the heirs or devisees.1
As to other two widows, son’s widow and grandson’s widow, they are entitled to claim maintenance only if and to the extent they are unable to get maintenance from the husband’s estate or from sons or daughters, if any, or from their estate.
In the case of grandson’s widow, there is a further condition that she has been able to get maintenance from her father-in-law’s estate. Their remarriage will lead to the forfeiture of the claim of maintenance.
Under the old Hindu law, there was a controversy whether the widow was entitled to maintenance only if she resided with her husband’s family.
The controversy was set at rest by the Privy Council in Prithee Singh v. Raj Rani Koer.3
Their Lordships observed : "All that is required of her is that she is not to leave her husband’s house for improper or unchaste purposes, and she is entitled to her maintenance unless she is guilty of unchastity or other disreputable practices after she leaves that residence."
Under the Hindu Adoptions and Maintenance Act, there is no duty on the widow-dependent to reside with the relatives of her husband.
Under the modern law, even her unchastity is no bar to her claim of maintenance.
DAUGHTERS.—
Under this head the following daughters are included.
1. Unmarried daughter, legitimate or illegitimate ,
2. daughter of a predeceased son and
3. daughter of a predeceased grandson.
4. widowed daughter
The legitimate daughter, son’s daughter and grandson’s daughter are Class I heirs of a Hindu male. They are also in Entry I of the heirs of Hindu female.
Only in case they do not get any share in the estate of the deceased, they are entitled to claim maintenance.
This can happen only when the deceased has disposed of her or his estate by will.
A destitute widowed daughter can claim maintenance from her brother after the death of her father if she has not been able to get sufficient maintenance from the property of her deceased husband (Kota v. Kota, 1992 A.P. 1)
The illegitimate daughter is not an heir of a Hindu male, though she is an heir in Entry I of the heirs to a Hindu female.
An illegitimate daughter like a legitimate daughter will be entitled to maintenance only if she has inherited no share in the estate of the deceased.
The grand-daughter and the great-grand-daughter are entitled to maintenance only and to the extent that the former is unable to obtain maintenance from her father’s or mother’s estate and the latter from the estate of her father or mother or father’s or mother's estate.
The claim of maintenance of all these daughters is not limited to their minority. It is limited to their maidenhood. As soon as the daughter is married, she forfeits her claim of maintenance. They will also not be entitled to maintenance, if they cease to be Hindus.
WIDOWED DAUGHTER
In the case of a widowed daughter, the obligation to maintain exists only and to the extent that she is unable to obtain maintenance:
a. from the estate of her husband,
b. from her son or daughter, if any, or his or her estate, or
c. from the father-in-law or his father or the estate of either of them.
In her case it is not stated that she will forfeit the claim on remarriage.
However, on remarriage and therefore cannot claim maintenance.
SONS.—
Under this head are included:
a. Illegitimate sons,
b. son of a predeceased son and
c. son of a predeceased son of a predeceased son.
The legitimate sons of a Hindu male are Class I heirs. The legitimate and illegitimate sons of a female Hindu are in Entry I.
They will be entitled to maintenance only if they have not got any share in the property of their deceased parent. The obligation to maintain them extends to their minority only.
The obligation is independent of their having any independent source of income, though in fixing the quantum of maintenance, the court will take into account their income and property.
GRANDSON AND THE GREAT-GRANDSON,
In the case of the grandson and the great-grandson, obligation exists only during their minority.
A grandson will be entitled to claim maintenance as a dependent only and to the extent that he is unable to obtain maintenance from his father's or mother’s estate, and in the case of great-grandson only and to the extent that he is unable to obtain it from the estate of his father, mother, father’s father or father’s mother.
None of the above dependents is entitled to maintenance, if he or she has ceased to be a Hindu by conversion to some other religion.
