Hindu Law: How to Identify Dependents of a Male Hindu

According to Manu, who is revered as the progenitor of mankind in Hindu law, an adult Hindu male is obliged to maintain certain relations, such as aged mother and father, chaste wife and minor son. He is obliged to provide them with maintenance, irrespective of whether he is holds property or not.

Other relatives who are entitled to receive maintenance from a Hindu male are known as his dependents, such as illegitimate sons, unmarried or widowed daughter, widowed daughter-in-law and illegitimate daughter.

Hindu Law: The Hindu Adoption and Maintenance Act, 1956

On an event of death of a Hindu male, there are some legal obligations against his property on the part of his heirs. The Hindu Adoption and Maintenance Act, 1956, regulate the matters pertaining to maintenance of the dependents of the deceased male. The Act extends to whole of India except for the state of Jammu and Kashmir. The Act is applicable to those who are Hindus, Sikhs, Buddhists, Jains or Buddhist by religion.

As per the Act, the dependents of a adult Hindu male are:

• His parents.
• His wife and widow as long as she does not re-marry.
• His minor legitimate and illegitimate son.
• His unmarried and widowed daughter.
• His widowed daughter in law as long as she does not re-marry.

Hindu Law: Liability of Heirs to Provide Maintenance

Under Hindu law, all the dependents of a deceased Hindu can claim maintenance from his property. The heirs of the late Hindu are obliged under law to maintain these dependents. However, the heirs of the deceased may be also his dependents.

The widow and mother of a deceased Hindu person may have inherited his property. The widow and mother are heirs of the deceased as well as his dependents. However, the father who is only a dependent is entitled, to claim maintenance from the heirs. Nevertheless, maintenance is granted under the law only, if the respective shares of the property of the heirs (widow and mother) does not becomes less than, what would be granted as maintenance, if they, themselves are considered dependents. If the shares are not reduced to that stage, then each heir is obliged to make contribution towards maintenance of the father in accordance with the proportion of their shares.