(1) Subject to the provisions of sub-section (2), 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.
(2) 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.
(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the share or part of the estate taken by him or her.
(4) Notwithstanding anything contained in sub-section (2) or sub-section (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 share or part the value of which is, or would, if the liability to contribute were enforced, become less than what would be awarded to him or her by way of maintenance under this Act.
Bullet Points on Section 22 HAMA:
- The heirs of a deceased Hindu are responsible for providing maintenance to the deceased’s dependants using the estate they inherit from the deceased.
- If a dependant hasn’t received a share in the deceased’s estate through will or intestate succession, they are entitled to maintenance from those who do inherit the estate.
- The liability of each inheritor for providing maintenance is proportional to the value of the estate they receive.
- However, if a person is themselves a dependant and receives a share in the estate that’s less than what they would be awarded for maintenance under this Act, they are not obligated to contribute to the maintenance of others.