Dependents have right to claim maintenance from heirs of deceased

The word 'estate' cannot be given a narrow definition for purpose of the Hindu Adoption and Maintenance Act. The family pension is no doubt an 'estate', which has been acquired through the deceased as pension is an estate secured on putting in the definite period of service. Thus, the dependants have the right to claim maintenance from the heirs of the deceased.

Where a dependant has not obtained, by testamentary or intestate-succession, any share in the estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the provisions of this Act, to maintenance from those who take the estate.

In the present case, the claim is made by a daughter from the second marriage. Father is getting a meagre amount pension to the extent of Rs.5,000/- per month. Father liable to pay a sum Rs.1,500/- per month to daughter.

Appearing counsel/s : Mr. R.G. Chakraborty, Mr. D.C. Saha

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