Section 22: Maintenance of dependants

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956

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.

  • Liability Attaches to Inherited Estate: 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.
  • Proportionate Contribution Standard: Where a dependant has not obtained any share in the estate, the dependant is entitled to maintenance from those who take the estate, proportionate to the value of their shares.
  • Disqualification for Non-Hindu: No person who has ceased to be a Hindu by conversion to another religion is entitled to claim maintenance under this section.
Key Landmark Precedents:
  • Narayan Rao v. Rajani AIR 1990 Kant 256: Held that the liability to maintain dependants under Section 22 is a statutory legal obligation tied to the inheritance of property; an heir cannot enjoy the estate while neglecting the deceased's destitute widow or minor children.
  • Savitribai v. Laxmibai (1878) ILR 2 Bom 573: The historical foundation of the moral obligation of a Hindu maturing into a legal obligation in the hands of the heir who takes the property was recognized and codified under Section 22.
Courtroom Practice & Strategic Litigation Guidance:

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.