Section 21 of Hindu Adoptions and Maintenance Act, 1956 - Dependants Defined
Section 21 defines who is a "dependant" for the purposes of Chapter III of the Hindu Adoptions and Maintenance Act, 1956. The definition is important because Section 22 deals with maintenance of dependants from the estate of a deceased Hindu.
Meaning of dependant under Section 21
For Chapter III of the Act, the word "dependants" is not used in an unlimited or general sense. Section 21 gives a specific statutory list of relatives. Whether a person within that list can obtain maintenance must be read with the conditions in Section 21 and the substantive provisions governing maintenance, particularly Sections 22 and 23.
Text and categories covered by Section 21
Section 21 - Dependants defined. For the purposes of this Chapter, "dependants" means the following relatives of the deceased:
- his or her father;
- his or her mother;
- his widow, so long as she does not re-marry;
- his or her son or the son of his predeceased son or the son of a predeceased son of his predeceased son, so long as he is a minor; provided and to the extent that he is unable to obtain maintenance, in the case of a grandson from his father's or mother's estate, and in the case of a great-grandson, from the estate of his father or mother or father's father or father's mother;
- his or her unmarried daughter, or the unmarried daughter of his predeceased son or the unmarried daughter of a predeceased son of his predeceased son, so long as she remains unmarried; provided and to the extent that she is unable to obtain maintenance, in the case of a granddaughter from her father's or mother's estate and in the case of a great-granddaughter from the estate of her father or mother or father's father or father's mother;
- his widowed daughter, provided and to the extent that she is unable to obtain maintenance: (a) from the estate of her husband; (b) from her son or daughter, if any, or his or her estate; or (c) from her father-in-law or his father or the estate of either of them;
- any widow of his son or of a son of his predeceased son, so long as she does not re-marry; provided and to the extent that she is unable to obtain maintenance from her husband's estate, or from her son or daughter, if any, or his or her estate; or, in the case of a grandson's widow, also from her father-in-law's estate;
- his or her minor illegitimate son, so long as he remains a minor;
- his or her illegitimate daughter, so long as she remains unmarried.
How Section 21 works with Section 22
Section 21 answers the threshold question of who falls within the defined class of dependants. Section 22 - Maintenance of dependants then governs the obligation of heirs of a deceased Hindu, subject to the statutory conditions, to maintain dependants out of the estate inherited by them.
Conditions built into the definition
The definition itself contains important qualifications. A widow mentioned in clause (iii), and certain widows covered by clause (vii), remain within the specified description only so long as they do not re-marry. Male descendants mentioned in clause (iv) are covered while they are minors. The daughters described in clauses (v) and (ix) are linked to their unmarried status. Clauses (iv) to (vii) also contain source-of-maintenance conditions that must be considered on the facts of the case.
Related maintenance provisions
Section 21 should be read as part of the complete maintenance scheme in Chapter III. Section 20 concerns maintenance of children and aged parents during the lifetime of the person liable. Section 22 concerns maintenance of dependants after the death of a Hindu, while Section 23 deals with determination of the amount of maintenance.
Official text
The Hindu Adoptions and Maintenance Act, 1956 is Central Act No. 78 of 1956. For the authoritative statutory text and amendment history, refer to the Government of India sources linked in the sidebar.