1) Where “Dependents” appear in HAMA #
“Dependents” is a maintenance concept in Chapter III (Maintenance) of the Hindu Adoptions and Maintenance Act, 1956. It mainly runs through:
- Section 21 → who is a “dependent” (definition by an exhaustive list)
- Section 22 → who must maintain them and from where (estate of deceased)
- Section 23(3) → factors to decide the amount of maintenance for dependents
- Section 24 → claimant must be Hindu (conversion disqualifies)
- Plus Sections 26–27 → priority of debts; when maintenance becomes a charge
2) Meaning of “Dependent” (concept) #
Under HAMA, a dependent is a specified relative of a deceased Hindu who can claim maintenance out of the deceased’s estate (through the heirs), subject to conditions like minority/unmarried status/remarriage bar, and “unable to obtain maintenance” requirements (as written in Section 21).
3) Types / Categories of Dependents (Section 21 — exhaustive list) #
Section 21 says dependents “mean the following relatives of the deceased…” and then lists them.
You can present them in neat categories:
A) Ascendants (Parents) #
- Father of the deceased.
- Mother of the deceased.
B) Spouse (Widow) #
- Widow of the deceased, so long as she does not remarry.
C) Male descendants (minor sons in the line) #
- Son of the deceased, so long as he is a minor.
- Son of a predeceased son (i.e., grandson through a deceased son), so long as minor, provided (important!) that he is unable to obtain maintenance from his father’s or mother’s estate.
- Son of a predeceased son of a predeceased son (i.e., great-grandson in the male line), so long as minor, and subject to the proviso that he must be unable to obtain maintenance from the estates specified in the section.
D) Female descendants (unmarried daughters in the line) #
- Unmarried daughter of the deceased, so long as she remains unmarried.
- Unmarried daughter of a predeceased son (grand-daughter through deceased son), so long as unmarried, and subject to the “unable to obtain maintenance” proviso from parents’ estate.
- Unmarried daughter of a predeceased son of a predeceased son (great-grand-daughter in the male line), so long as unmarried, and subject to the same logic in the proviso.
E) Widowed daughter (special, with layered conditions) #
- Widowed daughter of the deceased — but only to the extent she cannot obtain maintenance:
- from her husband’s estate, or
- from her son/daughter (or their estate), or
- from her father-in-law / his father / the estate of either.
This is a classic “last-resort chain” written into the statute.
F) Widows in the son’s line (daughter-in-law type dependents) #
- Any widow of his son, or widow of a son of his predeceased son, so long as she does not remarry, and maintenance is limited to cases where she cannot obtain it:
- from her husband’s estate, or
- from her son/daughter (or their estate), and
- in case of a grandson’s widow, also from her father-in-law’s estate.
(Recent Supreme Court reporting in Jan 2026 also discusses widowed daughter-in-law maintenance rights in this area of HAMA.)
G) Illegitimate children (explicitly included) #
- Minor illegitimate son, so long as he is a minor.
- Illegitimate daughter, so long as she remains unmarried.
4) Who must maintain a dependent, and from where? (Section 22) #
(i) Obligation is on “heirs” and is estate-based #
The heirs of a deceased Hindu are bound to maintain the dependents out of the estate inherited by them from the deceased.
So, the claim is not “personal” in the first instance — it is linked to the property/estate they received.
(ii) If the dependent got no share in succession #
If a dependent has not obtained any share in the estate by will or intestate succession, the dependent is entitled to maintenance from those who take the estate.
(iii) Apportionment among multiple heirs #
Each heir’s liability is proportionate to the value of the share taken by them.
5) How does the court decide the amount for dependents? (Section 23(3)) #
For a dependent, Section 23(3) says the court should consider, among other things:
- net value of the deceased’s estate after debts,
- any provision made in a will for the dependent,
- degree of relationship,
- reasonable wants of the dependent,
- past relations between the dependent and the deceased,
- dependent’s own property/income/earnings,
- number of dependents entitled.
6) Disqualification: claimant must be Hindu (Section 24) #
No person can claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion.
7) Two extra scoring points (often ignored) #
- Debts have priority: claims of dependents are subject to the priority of the deceased’s debts.
- Not automatically a “charge” on property: a dependent’s claim is not a charge unless created (e.g., by decree/arrangement as per the Act).
Conclusion #
Under HAMA, “dependents” are specifically enumerated relatives of a deceased Hindu under Section 21, who may claim maintenance from the deceased’s estate through the heirs (Section 22), subject to statutory conditions like minority/unmarried status, non-remarriage, inability to obtain maintenance from other sources, and the rule that the claimant must remain a Hindu (Section 24).
