MAINTENANCE UNDER HAMA(part 2) BY TWINKLE KWATRA

INTRODUCTION

In my previous article of maintenance I talked about what is maintenance , maintenance of wife, maintenance of widowed daughter-in-law, maintenance of children and aged parents and also about dependants.

Now in this article I will talk about some more sections that are given under HAMA. And the link to my previous article has been given at the end of this article and for better understanding of maintenance first read my previous article.

SO LET’S UNDERSTAND FURTHER SECTIONS:

SEC 22:MAINTENANCE OF DEPENDANTS

  • 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.
  •  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.
  •  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.
  • 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.

SEC23:AMOUNT OF MAINTENANCE

  • It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so, the Court shall have due regard to the considerations set out in sub-section (2), or sub-section (3), as the case may be, so far as they are applicable.
  •  In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm parents under this Act, regard shall be had to—
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings or from any other source;
(e)the number of persons entitled to maintenance under this Act.
  • In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard shall be had to—
(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependant;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependant;
(e) the past relations between the dependant and the deceased;
(f) the value of the property of the dependant and any income derived from such property, or from his or her earnings or from any other source;
(g) the number of dependants entitled to maintenance under this Act.

SEC24:CLAIMANT TO MAINTENANCE SHOULD BE A HINDU

  • No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.

SEC25:AMOUNT OF MAINTENANCE MAY BE ALTERED ON CHANGE OF CIRCUMSTANCES

  • The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequently if there is a material change in the circumstances justifying such alteration.

SEC26:DEBTS TO HAVE PRIORITY

  • Subject to the provisions contained in section 27 debts of every description contracted or payable by the deceased shall have priority over the claims of his dependants for maintenance under this Act.

SEC27:MAINTENANCE WHEN TO BE A CHARGE

  • A dependant’s claim for maintenance under this Act shall not be 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 between the dependant and the owner of the estate or portion, or otherwise.

SEC28:EFFECT OF TRANSFER OF PROPERTY ON RIGHT TO MAINTENANCE

  • Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right or if the transfer is gratuitous(wiyhout consideration); but not against the transferee for consideration and without notice of the right.

SEC 29:THIS SECTION HAS BEEN REPEALS BY REPEALING AND MAINTENANCE ACT ,1960

SEC 30:SAVINGS

  • Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any such adoption shall be determined as if this Act had not been passed.

LINK TO MY PREVIOUS ARTICLE:

MAINTENANCE UNDER HAMA (part 1) BY TWINKLE KWATRA

 

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