Vol. 14, Part I · pages 211–215

DR. AMBEDKAR AND THE HINDU CODE BILL 193 Liability of heirs to maintain dependants out of estate 130. Maintenance of dependants. —(1) Subject to the provisions of section 131 the heirs of a deceased Hindu shall be bound to maintain the dependants of the deceased out of the estate inherited from the deceased by the heir. (2) The following relatives of the deceased shall be deemed to be his dependants for the purposes of this Part, namely:— (i) his father, (ii) his mother; (iii) his widow, so long as she does not remarry; (iv) his son, son of his predeceased son, or son of a predeceased son of his predeceased son, who is a minor, so long as he remains one, provided and to the extent that he is unable to obtain maintenance, in the case of a grandson, from his father’s estate, and in the case of a great-grandson, from the estate of his father or father’s father, (v) his unmarried daughter, so long as she remains unmarried; (vi) his married daughter; Provided and to the extent that she is unable to obtain maintenance from her husband or from her son, if any, or his estate; (vii) his widowed daughter: Provided and to the extent that she is unable to obtain maintenance— (a) from the estate of her husband, or (b) from her son, if any, or his estate, or (c) from her father-in-law or his father or the estate of either of them; (viii) any widow of his son or of a son of his predeceased son, so long as she does not remarry: Provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from her son, if any, or his estate; or in the case of a grandson’s widow, also from her father-in-law’s estate; (ix) his minor illegitimate son, so long as he remains a minor, (x) his unmarried illegitimate daughter, so long as she remains unmarried. (153) Part III-A, sec. 5, page 12.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES194 (154) 131. Extent of liability of heirs to maintain dependants. —Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a male Hindu dying after the commencment of this Code, or where, in a case of testamentary succession, the share so obtained by a dependant is less than what would be awarded to him or her by way of maintenance under this Part, he or she is entitled, subject to the provisions of this Part, to maintenance from those who take the estate: Provided that the liability of each heir shall be in proportion to the value of the share or part of the estate taken by him or her; Provided further that 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 lo contribute were enforced become, less than what would be awarded to him or her by way of maintenance under this Part. (155) Amount of Maintenance 132. Amount of maintenance. —(1) In determining the amount of maintenance, if any, to be awarded to the wife, children or aged parents under this Part, regard shall be had to— (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately from the father, whether he or she is justified in doing so; (d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings, or from any other source ; (e) the number of persons who are entitled to maintenance under the provision of this Part. (2) In determining the amount of maintenance, if any, to be awarded to a dependant under this Part, regard shall be had to— (a) the net value of the estate of the deceased, after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant; (e) the position and status of the deceased and of the dependant; (d) the degree of relationship between the two ; (e) the reasonable wants of the dependants ; (f) the past relations between the dependant and the deceased; (g) the value of his or her property and any income derived from such properly, or from his or her own earnings, or from any other source; (h) the number of dependants who are entitled to maintenance under the provisions of this Part; (i) in the case of a widow, her conduct.

DR. AMBEDKAR AND THE HINDU CODE BILL 195 131. Extent of liability of heirs to maintain dependants.— Where a dependant has not obtained, by testamentary or intestate succession, any share in the estate of a male Hindu dying after the commencement of this Code, or where, in a case of testamentary succession, the share so obtained by a dependant is less than what would be awarded to him or her by way of maintenance under this Part, he or she is entitled, subject to the provisions of this Part, to maintenance from those who take the estate: Provided that the liability of each heir shall be in proportion to the value of the share or part of the estate taken by him or her; Provided further that 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 Part. (154) Amount of Maintenance 132. Amount of maintenance.—(1) In determining the amount of maintenance, if any, to be awarded to the wife children or aged parents under this Part, regard shall be had to— (a) the position and status of the parties; (b) the reasonable wants of the claimant; (c) if the claimant is living separately from the father, whether he or she is justified in doing so; (d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings, or from any other source ; (e) the number of persons who are entitled to maintenance under the provision of this Part. (2) In determining the amount of maintenance, if any, to be awarded to a dependant under this Part, regard shall be had to— (a) the net value of the estate of the deceased, after providing for the payment of his debts; (b) the provision, if any, made under a will of the deceased in respect of the dependant: (c) the position and status of the deceased and of the dependant; (d) the degree of relationship between the two; (e) the reasonable wants of the dependants; (f) the past relations between the dependant and the deceased; (g) the value of his or her property and any income derived from such property, or from his or her own earnings, or from any other source; (h) the number of dependants who are entitled to maintenance under the provisions of this Part; (i) in the case of a widow, her conduct. (155) Part III-A, sec. 4, page 12. Part III-A, sec. 6, page 13.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES196 (156) 133. Amount of maintenance in the discretion of court. —(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Part, with due regard to the considerations set out in sub-section (1) or sub-section (2) of section 132, as the case may be, so far as they are applicable. (2) The expenses that may be allowed to an unmarried daughter in respect of her marriage shall in no case exceed the value of one-half of what she would have inherited from the deceased, if he had died intestate. (157) 134. Amount of maintenance may be altered on change of circumstances. —The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Code, may be altered subsequently, if there is a material change in the circumstances, justifying such alteration. (158) 135. Debts to have priority. —Subject to the other provisions contained in this Part debts of every description shall have priority over the claims of dependants for maintenance under this Part. (159) 136. maintenance when to be a charge. —A dependant’s claim for maintenance under the provisions of this Part shall not be a charge on the estate of the deceased or any portion thereof, unless the same 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. (160) 137. Transfer where a third person is entitled to maintenance. — Where a third person has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the existence of such right, and in such a case the right can be enforced against the property to the extent to which it would have been liable had this Code not been passed.

DR. AMBEDKAR AND THE HINDU CODE BILL 197 133. Amount of maintenance in the discretion of court.—(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Part, with due regard to the considerations set out in sub-section (1) or sub-section (2) of section 132, as the case may be, so far as they are applicable. (2) The expenses that may be allowed to an unmarried daughter in respect of her marriage shall in no case exceed the value of one-half of what she would have inherited from the deceased, if he had died intestate. (156) 134. Amount of maintenance may be altered on change of circumstances. —The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Code, may be altered subsequently, if there is a material change in the circumstances, justifying such alteration. (157) 135. Debts to have priority. —Subject to the other provisions contained in this Part debts of every description shall have priority over the claims of dependants for maintenance under this Part. (158) 136. maintenance when to be a charge. —A dependant’s claim for maintenance under the provisions of this Part shall not be a charge on the estate of the deceased or any portion thereof, unless the same 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. (159) 137. Transfer where a third person is entitled to maintenance. — Where a third person has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the existence of such right, and in such a case the right can be enforced against the property to the extent to which it would have been liable had this Code not been passed. (160) Part III-A, sec. 6(2), page 13. Part III-A, sec. 7(2), page 14. Part III-A, sec. 8, page 14. Part III-A, sec. 9, page 14.