Maintenance of dependents and amount of maintenance - LaewyersThink
Maintenance of dependents -
(1) (i) Subject to the provisions of sub-section
(ii) the heirs of a deceased Hindu are bound to maintain the dependents of the deceased out of the estate inherited by them from the deceased.
(2) Where a dependent has not obtained, by testamentary or intestate succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependent shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.
(3) 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.
(4) Notwithstanding anything contained in sub-section
(a) or
sub-section,
(b). 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.
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Amount of maintenance-
(1) (a)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
(b), or sub-section
(c), as the case may be, so far as they are applicable.
(2) 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.
(3) In determining the amount of maintenance, if any, to be awarded to a dependent 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 dependents entitled to maintenance under this Act.
Β (i) Subject to the provisions of sub-section Β Β Β (ii) the heirs of a deceased Hindu are bound to maint...){kind=link}
3 Comments
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ReplyDeleteKeep it up!
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