General Rules Relating to the Maintenance of Dependents

Abstract

The term "dependent" was not used in Hindu law. Under the old law, certain persons could claim maintenance by virtue of their membership of the joint family. This aspect of old law is not affected by the Hindu Adoptions and Maintenance Act, 1956. The law is a part of the law of the ‘Hindu joint family. Sections 21 and 22 of the Act create new rights of certain persons, called dependants. Dependants are relatives of deceased Hindu and they claim maintenance against the property of the deceased in the hands of heirs. The term "heir" includes all those persons on whom the estate of the deceased devolves1 The right of dependants exists against the property and not against the heirs personally. The right of dependants as dependants, does not arise during the life time of the person on whom they are dependant: they are termed dependants only after his or her death. This is clearly implied from the opening words of S. 21, "dependents mean the following relations of the deceased.”