Hindu Adoptions and Maintenance Act, 1956

Section 28 - Effect of Transfer of Property on Right to Maintenance

Section 28 explains when a dependant's right to receive maintenance out of an estate can be enforced against a person to whom that estate, or part of it, has been transferred.

Text of Section 28

28. 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; but not against the transferee for consideration and without notice of the right.

Meaning and scope of Section 28

The provision protects an existing right of a dependant to receive maintenance out of an estate when the estate is transferred. Whether that right can be enforced against the transferee depends principally on notice and on whether consideration was paid for the transfer.

Transferee with notice: If the transferee knew of the dependant's maintenance right, the right may be enforced against the transferee.
Gratuitous transfer: If the property is transferred without consideration, the maintenance right may be enforced against the transferee.
Transfer for consideration without notice: The section protects a transferee who gave consideration and had no notice of the maintenance right; the right cannot be enforced against that transferee under Section 28.

Who is a dependant?

For Chapter III of the Act, the expression dependants is defined in Section 21. Section 28 should therefore be read with the statutory scheme governing maintenance of dependants, including Section 22.

Relationship with Section 27

Section 27 addresses when a dependant's claim for maintenance becomes a charge on the estate. Section 28 separately states the circumstances in which a maintenance right may be enforced after the estate or part of it has been transferred.

Practical point: In a dispute involving transferred property, the nature of the transfer, whether consideration was paid, whether the transferee had notice of the maintenance right, and the source of the dependant's right are material facts. Application to a particular transaction depends on its documents and evidence.

Official statutory source

The Hindu Adoptions and Maintenance Act, 1956 is Central Act 78 of 1956. The current official text can be checked on the India Code - Hindu Adoptions and Maintenance Act, 1956.

This article is a general explanation of the statutory provision and is not a substitute for legal advice on the facts of a particular case.