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Section 27: Maintenance when to be a charge on estate

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 26 All 30 Sections of Hindu Adoptions & Maintenance Section 28

Legal Commentary & Landmark Judgments: Section 27

Section 27 clarifies that a dependant's claim for maintenance under HAMA does not constitute an automatic charge on the estate of the deceased unless specifically created by will, court decree, or agreement.

  • No Automatic Floating Charge: A dependant's claim for maintenance under this Act is not a charge on the estate of the deceased or any portion thereof, unless one has been created by the will of the deceased, by a decree of court, by agreement, or otherwise.
  • Procedural Mechanism to Create Charge: The court has full power upon application to specifically charge maintenance on designated immovable properties of the deceased or respondent.
  • Notice to Subsequent Transferees: Once a charge is created and registered, it binds all subsequent purchasers of the property under Section 28 r/w Section 100 of the Transfer of Property Act, 1882.
Key Landmark Precedents:
  • Radhabai v. Pandurang AIR 1981 Bom 13: The High Court held that while maintenance is not an automatic charge, courts are under an affirmative duty upon request to create a charge on specific property to prevent unscrupulous heirs from alienating the assets to defeat maintenance.
  • K. Perumal v. K. Rajendran AIR 2001 Mad 284: Affirmed that once a maintenance charge is created by decree, any subsequent alienation of the charged property is subject to the maintenance decree under Section 28.
Courtroom Practice & Strategic Litigation Guidance:

Never file a maintenance petition without an explicit prayer for creating a charge under Section 27 over specified immovable properties. Once the decree is passed, register the charge with the Sub-Registrar to ensure priority against future purchasers or mortgagees.

Section 26 All 30 Sections of Hindu Adoptions & Maintenance Section 28