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CHAPTER III MAINTENANCE

Section 21: Dependants defined

The Hindu Adoptions and Maintenance Act, 1956

For the purposes of this Chapter “dependants” mean 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 predeceased son or the son of a predeceased son of his pre deceased son, so long as he is a minor: provided and 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-grandson, from the estate of his father or mother or father’s father or father’s mother;

(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 and 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 re-marry: provided and 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.

Questions on this section

2 questions in 6 of our papers cite Section 21. Try these from the free papers:

  1. 1. Which of the following relatives of a deceased Hindu is NOT a 'dependant' under Section 21 of the Hindu Adoptions and Maintenance Act, 1956?

Practise questions on Hindu Law