(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.
Legal Commentary & Landmark Judgments: Section 22
Section 22 creates a statutory obligation upon the heirs of a deceased Hindu who inherit the estate to maintain the deceased's dependants out of the estate in proportion to the value of the shares inherited.
In probate or testamentary succession disputes where a deceased father bequests his entire estate to one son by will, disinheriting an unmarried daughter or elderly mother, file a Section 22 suit against the legatee. Section 22 maintenance must be provided out of the estate before the legatee can enjoy the bequest.