Hindu adoption and maintenance

1. Hindu AdoptionAndMaintenance Act
Introduction –
The Hindu Adoption And Maintenance Act is a progressivepieceof legislation. Itis
so because the Act is free fromall religious and sacramentalaspects of adoption.
All that is required after 1956 is that the adoption in order to be void must
conformto the requirement of thee ac. Thus the performanceof Dattak Homa, a
religious ceremony is no morenecessary.
Some of the main provisions of the Act relating toadoption are –
1. Hindus may adopt both male and female as their heirs. The old Hindu law
did not permit giving of daughters in adoption but the presentAct enables
a person to adopt a daughter if he so desires.
1. For purposes of adoption, whether of a son or of a daughter, the consent of
a wife is also necessary.
1. The provisions of the Act are to overrideall existing customs, usage, texts,
rules or interpretations of Hindu law except as expressly provided in the
Act. Moreover , any other law in force immediately before the
commencement of the Act shall seize to operate and apply to Hindus as it
would be inconsistentwith the provisions of this Act.
1. No person needs to be divested of any property which had vested in his
possession to the adoption by reason only of the fact that subsequentto
such vesting, the person has made an adoption. The adopted child should
not be the sole causeor reason for a person to be divested in him/her
before adoption.
1. Itwill be possiblefor a person to adopt a child irrespectiveof his caste
1. A Hindu widow may adopt a child in her own name
1. Any adoption made after the commencement of the Act except in
accordancewith the provisions of this Act will be void.

2. 1. For any adoption to be void, the Act has made it mandatory for persons to
satisfy the conditions as mentioned in Section 6
1. The father, the mother or in both their absence, the guardian shall have the
right to give the child in adoption .
1. Under the old Hindu law , a son adopted by a Hindu widow was deemed to
be her husband’s son and the adoption was related back to the date of
death of her husband. But under this Act, the adoption is effective from the
date on which the adoption is made.
Section2 – Applicability of the HinduAdoptionAnd Maintenance Act
The Act extends to the wholeof India except to the state of Jammu and Kashmir –
vide Section 1 . According to Section 2, the Act applies to –
(a) to any person, who is a Hindu by religion in any of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj,
(b) to any person who is a Buddhist, Jain or Sikh by religion, and
(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved
that any such person would not have been governed by the Hindu law or by any custom or
usageas part of that law in respect of any of the matter dealt with herein if this Act had not
been passed.

3. Explanationto Section2 –
The following persons areHindus, Buddhists, Jains or Sikhs by religion, as the
case may be:-
Section5 – Adoptions tobe regulated –
Section5(1) has expressly stated that no adoption shall be made other than the
commencement of the fact by a Hindu or to a Hindu – except in accordancewith
the provisions contained in chapter II of theAct. Any adoption made in
contravention to the provisions of the Act shall be void.
According toSection5(2), an adoption which is void shall neither create any
rights in the adoptive family in favor of the adopted person nor destroy the rights
of such person in the family of his/her birth.
Section6 – Requisites of avalid adoption
No adoption shall be valid unless-
(i) the person adopting has the capacity, and also the right, to take in adoption;
(ii) the person giving in adoption has the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(a) any child, legitimate or illegitimate, both of whoseparents are Hindus, Buddhists, Jains or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whoseparents is a Hindu, Buddhist, Jain or Sikh by
religion and who is broughtup as a member of the tribe, community, group or family to which
such parent belongs or belonged; [1]
(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother
or whoseparentageis not known and who in either caseis broughtup as a Hindu, Buddhist,
Jain or Sikh; and
(c) any person who is convert or reconvertto the Hindu, Buddhist, Jain or Sikh religion.

4. (iv) the adoption is made in compliance with the other conditions mentioned in
Chapter II.
Each of the conditions of a valid adoption are discussed as follows –
1. Capacity of the persontotake in adoption – Sections 7 and 8
In order that adoption can be said to be valid in law it is necessary that the person
adopting the child has the capacity as well as the right to take in adoption.
According toSection7 of the Act, every MALEHindu who is of sound mid and
not a minor has the capacity to take in adoption. But if he has a wife living to
take a son or daughter in adoption, he cannot adopt, except if the wife –
 Has completely and wholly renounced the world
 Ceased to be a Hindu
 Declared by a Court of competent jurisdiction to be of unsound mind.
Explanationto Section7 states that if a person has more than one wife living at
the time of adoption, then the consentof all the wives is compulsory for any of
the reasons specified in this Section, as mentioned above.
The expression “sound mind” has not been defined in this Act but under Section
12 of ICA, it means that the person making the contract, when he makes it,
should be capable of understanding it and forming a rational judgmentas to its
effect upon his interest.
When wife has renounced the world, it is not necessary to obtain her consent
before adopting the child by her husband. Renunciation is a tantamount to civil
death.
Section8 of the Act provides for the capacity of the FEMALEHindu to take in
adoption. The Section lays down that any female Hindu has the capacity to ,
adopt who is of –
 Sound mind
 Not a minor
 Not married, but if sheis married –

5.  But her marriage has been dissolved
 Husband is dead (widow)
 Husband has completely renounced the world
 Husband has ceased to be a Hindu
 Has been declared by a Court of competent jurisdiction to be of
unsound mind.
Under the old Hindu law, an unmarried female Hindu or a widow had no power or
right to adopt. A married woman, then, could not adopt even without the consent
of her husband. If therehad to be an adoption, it would be in the name of her
husband, madewith her consent.
The position thus, is that a marriedwoman whose marriage subsists, totally
lacks the capacity toadopt except in the following three cases –
 Husband has completely renounced the world
 Husband has ceased to be a Hindu
 Has been declared by a Court of competent jurisdiction to be of unsound
mind.
Adoptionby Widow
Under the old Hindu law a Hindu WIDOW could notadopta child in her own right.
She had no power to adopt except under the authority given by her deceased
husband beforehis death or with the consent of a Sapinda of her deceased
husband. Under the old Hindu law, a son adopted by the Hindu widow was
deemed to be her husband’s son.
But after the enactment of this Act, no such authority is necessary for a widow
who can now adopt as a matter of right. She is not bound to make adoption and
cannot be compelled to do so. Adoption by the widow will come to the benefit of
both the widow as also to her deceased husband.
Who can give in adoption – Section9

6. The second condition to constitute the valid adoption is that the person giving the
adoption musthave the capacity and right to give the child for adoption.
Giving and receiving of the adopted child are absolutely necessary to validate the
adoption . But the Act does not prescribeany particular form in which these
might be carried out. For a valid adoption all that the law requires is that there
must be evidence of intentiontotransfer childfromthe natural family tothe
adoptive family. The father of the child who is to give in his child for adoption
shall be asked by the adoptive parent and then the child is to be handed over and
taken in for that purpose.
The provision relating to who can give in adoption is envisaged in Section 9 of the
Act.
Under Section9 (1) – only the father or mother or the guardian of the child has
the capacity to give the child in adoption .
Section9 (2) states in explicit terms that the FATHER if alive alone has the right
to give his child in adoption. But such right cannotbe exercised without the
consentof the mother.
However, at the same time, this Section has provided that the consent of the
mother neednot be taken , wherethe mother –
 has completely renounced the world
 has ceased to be a Hindu
 has been declared by a Courtof competent jurisdiction to be of unsound
mind.
Section9 (3) empowers the MOTHER to give the child in adoption provided that
the father of the child
 has completely renounced the world
 has ceased to be a Hindu
 Has been declared by a Court of competent jurisdiction to be of unsound
mind.

7. Section9 (4) of the Act gives authority to the GUARDIAN of thechild to give the
child in adoption. According to this Section, the guardian may give the child in
adoption with the prior consent of the Court to any person including
the guardian himself whereboth the parents of the child –
 Are dead (orphan)
 Have completely renounced the world
 Have ceased to be a Hindu
 Have been declared by a Courtof competent jurisdiction to be of unsound
mind.
 Have abandoned the child
 Parentage of the child is unknown (foundling)
Prior permissionof the Court necessary ?
Section9 (5) lays down that before granting permission to
a guardianunder Section9 (4), the court shallbe satisfied that the adoption will
be for the welfare of the child, due consideration being for this purposegiven to
the wishes of the child having regard to the age and understanding of the
childand that the applicant for permission has not received or agreed to receive
and that no person has made or given or agreed to make or give to the applicant
any payment or rewardin consideration of the adoption except such as the court
may sanction.
Explanationto Section9 – states that for the purposes of this section-
1. the expressions “father” and “mother” do not include an adoptive father
and an adoptive father and an adoptive mother;
1. “guardian” means a person having the care of the person of a child or of
both his person and property and includes-
(a) a guardian appointed by the will of the child’s father or mother;
(b) a guardian appointed or declared by a court; and
1. “court” means the city civil court or a district courtwithin the local limits of
whosejurisdiction the child to be adopted ordinarily resides.

8. 1. Capacity of the personadopted – Section10
The third necessary condition for valid adoption is that the person adopted is
capable of being taken in adoption. Section 10 deals with persons who may be
adopted.
Section10 states that no person shall be capable of being taken in adoption
unless the following conditions are fulfilled, namely:-
(i) he or sheis Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable
to the parties which permits persons who aremarried being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom
or usageapplicable to the parties which permits persons who havecompleted the
age of fifteen years being taken in adoption.
Thus is general, the male or female childmust not have completedthe age of 15
years at the time of adoption.
1. Other conditions –Section11
In every adoption, the following conditions mustbe complied with:-
(i) Adoption of a son –
If the adoption is of a son, the adoptive father or mother by whomthe adoption is made
must not havea Hindu son, son’s son or son’s son’s son (whether by legitimate blood
relationship or by adoption) living at the time of adoption;
(ii) Adoptionof a daughter –

9. if the adoption is of a daughter, the adoptive father or mother by whomthe adoption is
made must not have a Hindu daughter or son’s daughter (whether by legitimate blood
relationship or by adoption) living at the time of adoption;
(iii) Male adopts a daughter –
if the adoption is by a male and the person to be adopted is a female, the adoptive
father is at least 21 years older than the person to be adopted;
(iv) Female adopts a son –
if the adoption is by a female and the person to be adopted is a male, the adoptive
mother is at least twenty-one years older than the person to be adopted;
(v) Adopting same childby 2 different persons –
the samechild may not be adopted simultaneously by two or more persons (does not
refer to if both persons areadoptive mother and father) ;
(vi) Intentiontotransfer –
the child to be adopted mustbe actually given and taken in adoption by the parents or
guardian concerned or under their authority with intent to transfer the child fromthe
family of its birth or in the case of an abandoned child or child whoseparentage is not
known, fromthe place or family whereit has been broughtup to the family of its
adoption:
Provided that the performanceof datta homam shallnot be essential to the
validity of adoption.
Every adoption implies an element of free consent to the adoption, both of the
persons receiving and giving the child in adoption as well as the child being
adopted if that child is a major on the date of adoption taking place. If adoption
was made by coercion, undue influence, fraud, misrepresentation, etc., then the
adoption is voidable at the option of the party whoseconsent was so caused.

10. A lunatic child may be validly adopted. Also, under the old Hindu law, though
an illegitimatechild was not permitted for adoption , however, under the Act,
such child can be validly adopted.
* *Effects of a validadoption – Section12 2008
An adopted child shall be deemed to be the child of his or her adoptive father or
mother for all purposes with effect fromthe date of the adoption and from such
date all the ties of the child in the family of his or her birth shall be deemed to be
severed and replaced by thosecreated by the adoption in the adoptive family:
Provided that- (a) the child cannot marry any person whomhe or she could not
have married if he or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child beforethe adoption shall
continue to vestin such person subjectto the obligations, if any, attaching to the
ownership of such property, including the obligation to maintain relatives in the
family of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him
or her before the adoption.
Right of adoptive parents todispose of their properties –Section13
Section 13 lays down that where there is no agreement to the contrary, an
adoption does not deprive the adoptive father or mother of the power to dispose
of his or her property by transfer inter vivos or by will.
Thus an adoptive parent is in no way restrained in the disposalof their property
by reason of adoption.
Adoptive parent’s rightto disposing off his property is subjectto an agreement to
the contrary that might have been entered into at the time of adoption between
the adoptiveparents and the natural parents on behalf of the child for his benefit.
Under the Act, thus, agreements restricting the power of alienation of the
adoptive parents is void.

11. Relationshipof adoptedchild – Section14
Section 14 lays down as to how an adopted child will be related to certain
relations of adopter. The Section provides for the determination of adoptive
mother in certain cases . The Section lays down that –
(1) Where a Hindu who has a wife living adopts a child, sheshall be deemed to be
the adoptivemother.
(2) Where an adoption has been made with the consentof more than one wife,
the senior-mostin marriage among them shall be deemed to be the adoptive
mother and the others to be step-mothers.
(3) Where a widower or a bachelor adopts a child, any wife whomhe
subsequently marries shallbe deemed to be the step-mother of the adopted
child.
(4) Where a widow or an unmarried woman adopts a child, any husband whom
she marries subsequently shallbe deemed to be the step-father of the adopted
child.
Valid adoptionnot to be cancelled – Section15
Section15 lays down that no adoption which has been validly made can be
cancelledby father or mother. An adoptedchildalso cannot renouncehis/her
status as the adopted child and return to the family of his/her birth.
Prohibitionof certainpayments – Section17
Section 17 prohibits certain payments.
Section17 (1) states that no person shallreceive and no person shall make or give
to any other person any payment or reward the receipt of which is prohibited by
this section.

12. Section17 (2) provides that if any person contravenes the provisions of Section
17 (1), he shall be punishable with imprisonmentwhich may extend to six
months, or with fine, or with both.
Finally, Section17 (3) states that no prosecution under this section shall be
instituted withoutthe previous sanction of the State Governmentor an officer
authorized by the State Governmentin this behalf.
Effects of invalid adoption
The adopted son does not acquire any right in the adopted family. He does not
forfeit his right in the natural family.
Introduction –
The subjectof maintenance among Hindus is dealt with under Sections 18 to28 in
the Hindu Adoption and Maintenance Act 1956. Itis largely based on the laws
immediately prior to the enactment of this Act.
The maintenance of aged parents, infant child and wife is considered to be the
greatest duty of a person. Thus every Hindu has a personalobligation to maintain
his wife, children and aged parents.
The liability of a Hindu to maintainothers (e.g.. Dependants) arisesinsome
cases due to the mere relationshipbetweenthe parties. A Hinduis under the
obligationtomaintain his wife, minor sons, unmarrieddaughters and aged
parents evenif he may or may not possess any property.
The following persons arethe only persons who areunder absolute personal
obligation to maintain others, independently after the possession of any property
–
 The father or mother is bound to maintain the unmarried daughters and
minor sons.
 Husband is bound to maintain his wife
 A Son (not a minor) who is bound to maintain his aged parents.

13. Besides the above cases, the obligation to providemaintenance is co-extensive
with the property. Thereis no personalobligation. Itdepends altogether on the
possession of property as in the case of maintenance of widowed daughter – in –
law as envisaged under Section 19 of the Act.
18 . Maintenance of wife.-
Most systems of law recognize the direct obligation of the husband to maintain
his wifeso long as the marriagesubsists and the wife remains faithful. In the
modern laws, the obligation to maintenance may exist even after dissolution of
marriage– vide Section25 of the HMA 1955.
In the modern Hindu society, mostwives are still dependant on their husbands
economically. The obligation of the husband arises outof relationship between
the husband and wife created by the performanceof their marriage, irrespective
of the fact if he has any property or not.
Section18 lays down the following provisions relating tomaintenance of wife.
Section18(1) lays down thatsubjectto the provisions of this section, a Hindu
wife, whether married beforeor after the commencement of this Act, shall be
entitled to be maintained by her husband during her life time.
Under Section 18 (1), the wife’s right may arise when –
 She lives withher husband
A wife who resides with her husband must be maintained by him. The obligation
of the husband is purely a personalone. Itcannot be valid ground to refuse
maintenance that his financial condition is not good.
 She is lives separate fromher husband
A wife who lives apart fromher husband with his consentis entitled to
maintenance. She is also entitled to maintenance if she lives apartfromhim for a
justifiable cause, as mentioned as follows –

14.  Desertion – Abandoning the wifewithout reasonable causeand without the
consentor against her wish or of willfully neglecting her – may be
considered as desertion.
Itmay be noted that the distinction between “desertion” under
Section 18(2)(a) and “judicialseparation ” or divorceunder Section 10
and 13 of the HMA 1955 is that the Divorcemay be for at least 2 years
whereas desertion may be for any period.
 Cruelty If the husband has treated his wife with such cruelty so as to causea
reasonableapprehension in her mind that it will be harmfulor
injurious to live with the husband
(c) Leprosy If the husband is suffering fromvirulentformof leprosy
1. 4.
Another
wife is living
If the husband has any other wife living with him provided the wife can
claim maintenance and that the other wife is living with the husband
at the time when such claim is made.
1. 5.
Keeps a
concubine
If the husband keeps a concubine in the same housein which the wife
resides or he habitually resides with a concubine elsewhere. Such an
Act is an extreme formof adultery and the wife can live separately and
claim maintenance .
(f) Conversion If the husband has ceased to be a Hindu by conversion to another
religion
(g) Any other
justifiable cause
If there is any other justifiable causefor her living separately.
Section18(3) lays down theprovision for when a wife may forfeit her claimof
maintenance . The following cases are –

15. 1. An unchaste wife has no right to claim separate residence and
maintenance .
2. A wife who has ceasedto be a Hinduby conversion to another religion has
no right to maintenance .
19 . Maintenance of widoweddaughter-in-law.-
Hindu law has recognized it to be the obligation of a joint family to maintain wives
and widows of coparceners. A widowed daughter in law can claim maintenance
against the joint family, as under Section19 of the Act.
Section19 (1) lays down that a Hinduwife, whether married before or after the
commencement of this Act, shall be entitled to be maintained after the death of
her husband by her father-in-law.
According to the ProvisotoSection19(1), theobligationof the father-in-law
is not primary but conditional. Proviso to Section 19(1) states that she can claim
maintenance from her father-in-law only when she is unable to maintain herself
out of her own earnings or other property or, where she has no property of her
own, is unable to obtain maintenance –
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
Section19 (2) states that the father-in law is obliged to provide maintenance to
such daughter-in-law – from any coparcenary property in his possession outof
which the daughter-in-law has not obtained any share.
The term coparcenary property includes ancestral property as interpreted by the
judiciary in India. Thus, if the father-in-law has no coparcenary property, hehas
no obligation to maintain the daughter-in-law.
Section20 . Maintenance of children andaged parents.-
Section20 of the Act provides for the maintenance of children and aged parents.
The obligation to maintain one’s children is a personalobligation and arises out of

16. personalrelationship of parent and child. Under the Hindu law, the father alone
was under the obligation to maintain both – his legitimate and illegitimate
children. The modern law imposes the obligation on both parents to maintain
illegitimate and legitimate children. This obligation extends, ordinarily, to the
minority of the children. The Act abolishes all distinctions between legitimate and
illegitimate children.
Moreover, a Hindu parent is required to maintain his adopted child during the
minority becausehe is always under the obligation to maintain his natural child.
The mere refusalof a son to reside with his father does not entitle him to claim
maintenance but the quantum of maintenance may be affected.
According toSection20(1), a Hindu is bound during the lifetime, to maintain the
legitimate or illegitimate children as well as the aged parents. Under the old
Hindu law, the obligation to maintain one’s aged parents is a purely personal
obligation which was imposed on the son alone. Daughters had no such
obligation. The Act under Section 20 makes it an obligationforbothsons and
daughters tomaintain their aged/ infirm parents.
The obligation to maintain one’s aged parents exists only during their lifetime.
The obligation being personalexists independent of personalpossession of any
property.
Section 20(2) states that a legitimate or illegitimate child may claim maintenance
fromeither parent as long as the child is a minor.
Under the Act the obligation to maintain the aged parents are of personalnature
under Section 20, yet under Section 20(3), they are not absolute. Section20
(3) states that one is required to maintain his aged parents or unmarried daughter
in so far as the parent or unmarried daughter is unable to maintain themselves
out of their own earnings or other property.
Thus an unmarried daughter, even if sheis a major, may claim for maintenance if
she is unable to maintain herself out of her own earnings or other
property. ExplanationtoSection20 includes achildless stepmother inthe term
“parent” .

17. Sections 21 &22 – maintenance of Dependants –
Section 21 and 22 of the Act create new rights of certain persons called
dependants. They are relatives of the deceased Hindu and may claim
maintenance against the property of the deceased in the hands of the heirs.
Itmay be noted that the term – heirs – refers to all those persons on whomthe
estate of the deceased devolve.
The right of dependants exists against the deceased and not against the heirs
personally. This right does not ariseduring the lifetime of the person on whom
they are dependant. They are termed as dependants only after the death of such
persons. This is clearly implied from the Section21.
For the purposes of this Chapter “dependants” means the following relatives of
the deceased:-
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not re-marry;
(iv) his or her son or the son of his predeceased son or the son of predeceased son of
his predeceased son, so long as he is a minor.
This right continues as long as the son, grandson,
great-grandson, etc., areminors – provided and to
the extent that he is unable to obtain maintenance,
in the case of a grandson fromhis father’s or
mother’s estate, and in the caseof a great grand-
son, fromthe estate of his father or mother or
father’s father or father’s mother;
(v) 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

18. as she remains unmarried.
The right will continue provided and to the extent that she is unable to obtain
maintenance, in the case of a grand-daughter fromher father’s or mother’s estate
and in the caseof a great-grand-daughter fromthe estate of her father or mother
or father’s father or father’s mother;
(vi) his widowed daughter: provided and to the extent that she is unable to obtain
maintenance-
(a) fromthe estate of her husband, or
(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;
(vii) any widow of his son or of a son of his predeceased son, so long as she does not
remarry.
The right will continue provided and to the extent that sheis unable to obtain
maintenance from her husband’s estate, or fromher son or daughter, if any, or his
or her estate; or in the case of a grandson’s widow, also fromher father-in-law’s
estate;
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarried.
Section22 (1) – lays down that subjectto the provisions of this Section, the heirs
of a deceased Hindu are bound to maintain the dependants of the deceased out
of the estate inherited by them from the deceased.
According toSection 22(2) Wherea dependant has not obtained, by
testamentary or intestate-succession, any sharein the estate of a Hindu dying
after the commencement of this Act, the dependant shall be entitled, subjectto
the provisions of this Act, to maintenance fromthosewho take the estate.

19. Section22(3) provides thatthe liability of each of the persons who takes the
estate shallbe in proportion to the value of the shareor part of the estate taken
by him or her.
Section22 (4) lays down that notwithstanding anything contained in Section 22(2)
or Section 22(3), 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 shareor part,
the value of which is, or would, if the liability to contribute were enforced,
become less than whatwould be awarded to him or her by way of maintenance
under this Act.
Section23 . Amount of maintenance.-
Section23 lays down the considerations which the Courtwill take into account in
fixing the amount of maintenance.
Section23 (1) lays down that the fixation of the amount of maintenance is with
the discretion of the Court. The discretion musthowever be sound and
reasonableand must be judiciously exercised –
Section23 (2) lays down the provision in determining the amount of
maintenance, if any, to be awarded to a wife, childrenor aged or infirm
parents under this Act, regard shall be had to-
1. the position and status of the parties;
2. the reasonablewants of the claimant;
3. if the claimant is living separately, whether the claimant is justified in doing
so;
4. the value of the claimant’s property and any income derived fromsuch
property, or fromthe claimant’s own earnings or fromany other source;
5. the number of persons entitled to maintenance under this Act.
In determining the amount of maintenance, if any, to be awarded to
a dependant under this Act, Section23(3) lays down the following considerations-
1. the net value of the estate of the deceased after providing for the payment
of his debts;

20. 2. the provision, if any, made under a will of the deceased in respectof the
dependant;
3. he degree of relationship between the two;
4. reasonablewants of the dependant;
5. the pastrelations between the dependant and the deceased;
6. the value of the property of the dependant and any income derived from
such property; or from his or her earnings or fromany other source;
7. the number of dependants entitled to maintenance under this Act.
Section24 . Claimant to maintenance shouldbe a Hindu.-
No person shall be entitled to claim maintenance under this Chapter if he or she
has ceased to be a Hindu by conversion to another religion.
Section25 . Amount of maintenance may be alteredonchange of
circumstances.-
The amount of maintenance, whether fixed by a decree of courtor by agreement,
either beforeor after the commencement of this Act, may be altered
subsequently if there is a material changein the circumstances justifying such
alteration.
Section27 . Maintenance whentobe a charge.-
A dependant’s claim for maintenance under this Act shall not be a charge on the
estate of the deceased or any portion thereof, unless one has been created by the
will of the deceased, by a decree of court, by agreement between the dependant
and the owner of the estate or portion, or otherwise.
Section28 . Effect of transfer of property on right tomaintenance.-
Where a dependant has a right to receive maintenance out of an estate, and such
estate or any partthereof is transferred, theright to receive maintenance may be
enforced against the transfereeif the transferee has notice of the right or if the
transfer is gratuitous; but not againstthe transfereefor consideration and
without notice of the right.