Indian Laws on Liability of Grandfather to Provide Maintenance

Did you know that, under Indian laws, a grandfather is under the obligation to provide maintenance for his grandchildren if they are not capable of taking care of themselves? This applies in Hindu law even when

• one of the parents is alive,
• grandfather does not possess any joint family property and
• grandfather does not own any copercenary property.

Indian Laws: Hindu Widow Claims Maintenance for Minor Children

Indian laws protect children and provide for the maintenance of children who are minors. In a landmark case, Nachhattar Singh v Satinder Kaur, 2008 MLR 397, a woman petitioned for maintenance claim for herself and her minor children against her father-in-law after her husband’s death.  She lamented that she could not keep herself and her children with her scant income and also needed a place to live. She pleaded for an injunction ordering her father-in-law to allow her to live in his house (that was his separate property). She also asked the court to order him not to sell off this property.

The grandfather contended that it is the responsibility of the parents to take care of the minor children. He argued that he cannot be sued for maintenance rights as he was a self-made man. He further argued that he had acquired the property himself and it is not copercenary property.

The court concluded that even if the grandfather has property, which is owned solely by him, he is obliged to pay for the maintenance of his grandchildren who are minors, as the income of mother/father is meager. The court granted maintenance to the children after taking into consideration the income of grandfather and mother. The mother was also allowed to live in his house with her children. However, the court did not give an injunction restraining him from selling his property.