Section 21 HAMA: Dependants defined

Section 21 of Hindu Adoptions & Maintenance: Dependants defined

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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 pre-deceased son or the son of a pre-deceased 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 from his father's or mother's estate, and 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;

(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 long as she remains unmarried: provided and to the extent that she is unable to obtain maintenance from her father's or mother's estate, and 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;

(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 pre-deceased 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.

Legal Commentary & Landmark Judgments: Section 21

Section 21 provides the statutory definition of 'dependants' entitled to claim maintenance from the estate of a deceased Hindu under Section 22, specifying a closed category of qualifying family members.

Closed Statutory Roster of Dependants: Defines dependants strictly as: father, mother, widow (until remarriage), minor son, unmarried daughter, widowed daughter, widowed daughter-in-law, minor son of a predeceased son, and unmarried daughter of a predeceased son.
Test of Dependency: In the case of a widowed daughter or widowed daughter-in-law, dependency requires establishing that she is unable to obtain maintenance from her husband's estate or from her children.
Age & Marital Status Thresholds: Sons cease to be dependants upon completing 18 years; daughters cease upon marriage; widows cease upon remarriage.

Key Landmark Precedents:

Kameshwar Prasad v. Rajkumari Sanjokta AIR 1994 Pat 105: The High Court held that the definition of dependants in Section 21 is exhaustive; persons outside the statutory roster (such as married daughters or adult healthy sons) cannot claim maintenance under Section 22.
Ramesh Chand v. Suresh Chand (2012) 188 DLT 538: Held that an adult married son is not a dependant under Section 21, and has no legal right to claim maintenance or residence in the self-acquired property of his deceased father.

Courtroom Practice & Strategic Litigation Guidance:

When filing a claim under Section 22 on behalf of an impoverished family member against the heirs who inherited the deceased's estate, first verify that the claimant falls strictly within one of the nine statutory categories in Section 21.

Section 21: Dependants defined

Section 21 of Hindu Adoptions & Maintenance: Dependants defined

Legal Commentary & Landmark Judgments: Section 21