Hindu Adoptions And Maintenance Act, 1956
An Act to amend and codify the law relating
to adoptions and maintenance among
Hindus
Be it enacted by Parliament in the Seventh
Year of the Republic of India as
follows:-
Hindu Adoptions And Maintenance
Act, 1956
CHAPTER
1
PRELIMINARY
1 Short title and extent
(1) This
Act may be called the Hindu Adoptions and Maintenance Act, 1956
(2)
(2)
It
extends to the whole of India expect the State of Jammu and Kashmir.
2 Application of Act
(1) This Act applies-
(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, Prarthana of Arya Samaj,
(b) to any person
who is a Buddhist, Jaina 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 usage as part of the law in respect any of the matters dealt with herein if this Act
had not been passed.
Explanation
: The
following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-
(a) any child,
legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas
or Sikhs by religion;
(b) any child,
legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina,
and Sikh by religion and who is brought up as a member of the tribe, community,
group or family to which such parent belongs or belonged;
any
child, legitimate or illegitimate who has been abandoned both by his father and
mother or whose parentage is known and
who in either case is brought up as a Hindu, Buddhist, Jaina or Sikh; and] any
person who is convert or reconvert to
the Hindu, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding
anything contained in sub-section (1), nothing contained in this Act shall
apply to the members of any Scheduled Tribe within the meaning of clause (25)
of article 366 of the Constitution unless the Central Government, by
notification the Official Gazette, otherwise directs.
(3) The expression
"Hindu" in any portion of this Act shall be construed as if it included a person who, though not a Hindu
by religion, is, nevertheless, a person whom this Act applies by virtue of the
provisions contained in this section.
In this Act, unless the context
otherwise requires :-
(a) the expressions
"custom" and "usage" signify any rule which, having
been continuously and uniformly observed
for a long time, has obtained the force of law among Hindus in any local area,
tribe, community, group or family.
PROVIDED the rule is certain and not unreasonable or
opposed to public policy :
PROVIDED
FURTHER that, in the case of a rule
applicable only to a family, it has not been discontinued by the family ;
(b) "Maintenance" includes-
(i ) in all cases,
provision for food, clothing, residence, education and medical attendance and
treatment;
(ii) in the case of
an unmarried daughter, also the reasonable expenses of and incidents to her marriage ;
(c) "Minor"
means a person who has not completed his or her age of eighteen years.
COMMENTS
Where the custom is such as permitting the second marriage
during the lifetime of the spouse cannot be given the force of law keeping in
mind the statutory provision against bigamy Raghuvira Kumar v Shankmukha Vadivu
1970 (2) MLJ 193
As per the custom prevailing in Himachal Pradesh, daughter is
conferred a right where for she can make a representation in non-ancestral
property including the property of a collateral- Ram Rakha v. Ram Rakshi 1983
HP 18
A custom is a particular rule which has existed either actually
or presumptively from time immemorial, and has obtained the force of law in
particular locality, although contrary to or not consistent with the general
common law of the realm. A custom to be
held valid must have four essential attributes. First it must be immemorial;
secondly, it must be reasonable; thirdly, it must have continued without
interruption since its immemorial origin; and fourthly it must be certain in
respect of its nature generally as well as in respect of the locality where it
is alleged to obtain and the person whom it is alleged to affect.- Halsbury's
law of England 4th ed. vol. 12 para 401.
4 Overriding effect
of Act
Save as
otherwise expressly provided in this Act.-
(a) any text, rule
of interpretation of Hindu law or any custom or usage as part of that law in
force immediately before the commencement of this Act shall cease to have
effect with respect to any matter for which provision is made in this Act;
(b) any other law in force immediately before the
commencement of this Act shall cease to apply to Hindus insofar as it is
inconsistent with any of the provisions contained in this Act.
COMMENTS
Where the adoption takes place following the custom, then the
custom must be such as not in contradiction of statutory provisions laid down
as regards adoption. That adoption which is against the provision of the Act is
invalid.- Kartar Singh v. Surjan Singh 1975 (1) SCR 742
CHAPTER
II
ADOPTIONS
5 Adoptions to be regulated
by this chapter
(1) No adoption
shall be made after the commencement of this Act by or to a Hindu except in
accordance with the provisions contained in this Chapter, and any adoption made
in contravention of the said provision shall be void.
(2) An adoption
which is void shall neither create any rights in the adoptive family in favour
of any person which he or she could not have acquired except by reason of the
adoption, nor destroy the right of any person in the family of his or her birth.
COMMENTS
Adoption that takes place after the death of the husband
contrary to the will of deceased husband and after the Act came into force it
was held that, legality of the adoption is to be considered in accordance with the provision
of Act, and the adoption cannot be held
invalid just for the fact that it was against the directions as mentioned in the will of deceased husband.- Kavuluru
V. Kuntamukkala 1971 (1) An. WR 134
6 Requisites of a valid 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)
(iii)
the
person adopted is capable of being taken in adoption; and
(iv)
(iv)
the
adoption is made in compliance with the other conditions mentioned in this
Chapter.
COMMENTS
Where any of the requirements as laid down under s.6 are not
strictly observed, that non-observance of the requisite or requisites is enough
to convert the adoption as invalid one.-Dhanraj v. Suraj Bai 1972 Raj LW 612
Doctrine of factum valet does not have its application in case
the adoption is against what is said by the provisions of the Hindu Adoption and
Maintenance Act, 1956-Lalla Ram v. Gohri
Ram 1972 All WR (HC) 612
7 Capacity of a male Hindu to take
in adoption
Any male Hindu who is sound mind and is not a minor has the
capacity to take a son or a daughter in adoption:
PROVIDED that, if he has a wife living, he shall not adopt
except with the consent of his wife unless the wife has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a court
of competent jurisdiction to be of unsound mind.
Explanation: If a person has more than one wife living
at the time of adoption, the consent of all the wives is necessary unless the
consent of any one of the them is unnecessary for any of the reasons specified
in the preceding proviso.
COMMENTS
The person taking in adoption must not suffer from idiocy or
insanity; he must have the capacity enough to understand the nature of the Act
and what would be the legal effects of adoption . Simultaneously it is not the
requirement the person concerned must be possessed with a very high degree of
intelligence. There is a very strong presumption favouring soundness of mind.-Babubarelal v. Gulzari Devi 1979 All
LJ 1333
Deaf and dumb but possessed with the capacity to express through
signs and gestures, though not clearly, is to be taken as a person of sound
mind.-Ambrish Kumar v. Hatu Prasad 1981 HLR 781
Proviso places a restriction as concerned to right to take in
adoption that makes the consent of the wife a necessity so as to make the
adoption valid. The consent must be obtained prior to the civil adoption takes
place and not later on where the proviso is disregarded adoption is not valid.-Badrilal
v. Bheru 1986 (1) HLR 81.
In the case of divorce the consent is not necessary but in the
case of judicial separation, consent would be necessary. In case of two wives,
consent must be of both the wives despite the fact that one of them was not
living under the same roof for a big job of twenty or thirty years.-Bhooloo Ram v. Ram Lal 1989 (2) HLR 162
8 Capacity of a female Hindu to
take in adoption
Any female Hindu :-
(a) Who is of sound mind,
(b)
who is not a minor, and
(c) who
is not married, or if married, whose marriage has been dissolved or whose
husband is dead or has completely and finally renounced the world or has ceased
to be a Hindu or has been declared by a court of competent jurisdiction to be
of unsound mind,
has the capacity to take a son
or daughter in adoption.
COMMENTS
After the completion of the age of eighteen, a woman gets the
capacity to adopt even though. she herself is unmarried. Where after the
adoption, she is married, her husband would be step-father and she herself
would remain adoptive mother as earlier. Adoption by an unmarried can also take
place despite the fact that she is having an illegitimate child. - Ashoka
Naidu v. Raymond AIR 1976 Cal 272.
A married woman has got no right to take in adoption during the
subsistence of the marriage. But where the husband has completely and finally
renounced the world or he had ceased to be Hindu or some competent court has
declared him to be of unsound mind, the wife can adopt.- Dashrath V. Pandu
1977 Mah LJ 358
9 Persons capable of giving
in adoption
(1) No person except
the father or mother the guardian of a child shall have the capacity to give
the child in adoption.
(2) Subject to the
provision of 1[sub-section
(3) and sub-section (4)], the father, if alive, shall alone have the right to
give in adoption, but such right shall not be exercised save with the consent of the mother unless the mother has
completely and finally renounced the world or has ceased to be a Hindu has been
declared by a court of competent jurisdiction to be of unsound mind.
(3) The mother may
give the child in adoption if the father is dead or has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a court
of competent jurisdiction to be of unsound mind.
1[(4) Where both the father and mother are dead or
have completely and finally renounced the world or have abandoned the child or
have been declared by a court of competent jurisdiction to be of unsound mind
or where the parentage of the child is not known, the guardian of the child may
give the child in adoption with the previous
permission of the court to any person including the guardian himself.]
(5) Before granting permission to a guardian
under sub-section (4), the court shall be satisfied that the adoption will be
for the welfare of the child, due consideration being for this purpose given to
the wishes of the child having regard to the age and understanding of the child
and 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 reward in consideration of the adoption except such as the court may
sanction.
Explanation: For the purposes
of this section-
(i) the expression "father" and
"mother" do not include an adoptive father and an adoptive
mother; 2[***]
3[(ia) "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; and
(b) a guardian
appointed or declared by a court: and]
(ii) "court"
means the city civil court or a district court within the local limits of whose
jurisdiction the child to be adopted ordinarily resides.
COMMENTS
Where the adoption takes place and step-son is given in adoption
by step-mother having no capacity to give in adoption such an adoption is not
valid one by virtue of s.5(1) read with s.6(ii)-Dhanraj v. Suraj Bai 1975
(Supp) SCR 73
It is the District Court where in the application for giving and
taking in adoption has to be moved and not in the Family Court. How and in what
manner the permission is to be made there is no such mention under the Act and
the provisions that have to be followed are there as laid down under Guardians
and Wards Act.-Central Bank Relief & Welfare Society, In re AIR 1991 Kar
6
10 Persons who may be adopted
No person shall be capable of being taken in adoption unless the
following conditions are fulfilled, namely:-
(i) he
or she is 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 are married
being taken in adoption;
(iv) he or she has
not completed the age of fifteen years, unless there is a custom or usage
applicable to the parties which permits persons who have completed the age of
fifteen years being taken in adoption.
11 Other conditions for a valid
adoption
In every adoption, the
following conditions must be complied with:
(i) if the adoption
is of a son, the adoptive father or mother by whom adoption is made must not
have a 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) if the adoption
is of a daughter, the adoptive father or mother by whom the 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) if the adoption
is by a male and the person to be
adopted is a female, the adoptive father is at least twenty one years older
than the person to be adopted;
(iv) 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) the same child
may not be adopted simultaneously by two
or more person;
(vi) the child to be
adopted must be actually given and taken in adoption by the parents or guardian
concerned or under their authority with intent to transfer the child from the
family of its birth 1[or in case of an abandoned child or child
whose parentage is not known, from the place or family where it has been
brought up] to the family of its adoption:
PROVIDED that the performance of datta homam shall not be
essential to the validity of adoption.
COMMENTS
Requirement of an age gap of 21 years between the adoptee and
the adopted, if violated is sufficient to render the adoption invalid.-
Golak Chandra v . Kritibas AIR 1979
Ori. 205
Where the case is, one child is given to the family of other so
that the child is brought up, this giving of the child does not constitute
adoption. There must be an intention to give and to take the child in adoption.-Kewal
Singh v. Bakshish Singh 1975 (77) Punj LR 321
Absence of parents at the time of adoption ceremony and not
proving the giving and taking the child in adoption, adoption was held invalid.
v.Bakshish Singh -Kewal Singh 1979 HLR 431
12 Effects of adoption
An adopted child shall be deemed to be the child of his or her
adoptive father or mother for all purposes with effect from the 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 those
created by the adoption in the adoptive family :
PROVIDED that -
(a) the child cannot
marry any person whom he 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 before the adoption shall continue to vest in
such person subject to 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.
COMMENTS
The assumption that all the ties of child with the family of his
or her birth shall be severed operates only from the day the adoption takes
place and from the day the ties are replaced by those created by the adoption
in the adoptive family.-Kanwaljit Singh v. State of Haryana 1981 Pun LJ 64.
Adopted girl is conferred an entitlement to succeed the property
within the meaning of s.8 of Hindu
Succession Act despite the fact that the property was owned by the deceased by
reason of his adoption.- Neelawwa v. Shivawwa 1988 (2) HLR 799.
Under the provisions of s.14 of the Hindu Succession Act, widow
becomes an absolute owner, and it is not possible that the child adopted by her
is divesting her of the right which has already been vested in her.- Dinaji
v.Dadde AIR 1990 SC 1153.
Where the property is in absolute terms vested in a person as
the last surviving coparcener a child subsequently adopted cannot divest him of
it .-Krishnabai v. Ananda Sevaram AIR 1981 Bom 240
13 Right of adoptive parents to
dispose of their properties
Subject to any 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.
COMMENTS
Where the child is taken
in adoption by the sole surviving widow,
oral relinquishment by her in favour of
adopted child is valid and effective.-Hirabai v. Babu Manika
AIR 1980 Bom. 315
14 Determination of adoptive
mother in certain cases
(1) Where a Hindu
who has a wife living adopts a child, she shall be deemed to be the adoptive
mother.
(2) Where an
adoption has been made with the consent of more than one wife, the senior-most
in marriage among them shall be deemed to be the adoptive mother and the
other to be step mothers
(3) Where a widower
or a bachelor adopts a child, any wife whom he subsequently marries shall be
deemed to be step mother of the step mother of the adopted child.
(4) Where a widow or
an unmarried woman adopts a child, any husband whom she marries subsequently
shall be deemed to be the step father of the adoptive child.
15 Valid adoption not to be
cancelled
No adoption which has been validly made can be cancelled by the
adoptive father or mother or any other person, nor can the adopted child
renounce his or her status as such and
return to the family of his or her birth.
16. Presumption as to registered
documents relating to adoption
Whenever any document registered under any law for the
time being in force is produced
before any court purporting to record an adoption made and is signed by the person giving and the person taking the
child in adoption, the court shall presume that the adoption has been made in
compliance with the provisions of this Act unless and until it is disproved.
COMMENTS
In case a challenge is thrown to the deed of adoption on the
ground of its execution being by fraud, coercion or undue influence, it is for
the party challenging the document that has to establish that the execution was
so vitiated.-Sushil Chandra v. Bhoop Kunwar AIR 1977 All 441.
Presumption as to
registered documents relation to adoption is only a rebuttable
presumption.-Bhoolo Ram v. Ramlal 1989 (2) HLR 162
Where the validity of the adoption was asked for on the ground
of not obtaining the consent if the husband on account of his unsound mind
but this fact found no place in the
plaint as required by order 6, rule 6, CPCand there was only the presentation
of registered document it was held that presumption as under s. 16 of Hindu
Adoption and Maintenance Act would prevail over the provision of order 6, rule
6 of C.P.C. It is for the other party if it wants to, to rebut the
presumption.-1979 MP LJ 591.
(1) No person shall
receive or agree to receive any payment or other reward in consideration
of the adoption of any person, and no person shall make or give or
agree to make or give to any other person any payment or reward the receipt of
which is prohibited by this section.
(2) If any person
contravenes the provision of sub-section (1), he shall be punishable with
imprisonment which may extend to six months, or with fine, or with both .
(3) No prosecution
under this section shall be instituted without the previous sanction of the
State Government or an officer authorised by the State Government in this
behalf.
MAINTENANCE
(1) Subject to the
provisions of this section, a Hindu wife, whether married before or after the commencement of
this Act, shall be entitled to be maintained by her husband during her
lifetime.
(2) A Hindu wife
shall be entitled to live separately from her husband without forfeiting her
claim to maintenance -
(a) If he is guilty
of desertion, that is to say, of abandoning her without reasonable cause and
without her consent or against her wish, or of willfully neglecting her;
(b) If he has
treated her with such cruelty as to cause a reasonable apprehension in her mind
that it will be harmful or injurious to live with her husband;
(c) If he is suffering from a virulent from
of leprosy;
(d) If he has any
other wife living ;
(e) If he keeps a
concubine in the same house in which his wife is living or habitually resides
with a concubine elsewhere;
(f) if he has ceased
to be a Hindu by conversion to another religion ;
(g) if there is any
other cause justifying her living separately;
(3) A Hindu wife
shall not be entitled to separate residence and maintenance from her husband if
she is unchaste or ceases to be a Hindu by conversion to another religion.
COMMENTS
The words "wife or widow" in the context of marriage, succession or
maintenance enactments are of restrictive legal character and imply
relationship which is not recognised by land-Rajesh Bai v. Santha Bai 1982 HLR
445.
A man marrying a second time, during the lifetime of his wife,
second wife though, having no knowledge of the first marriage, is not entitled
to claim maintenance under s, 125 of the Code of Criminal Procedure, as she was
not legally wedded wife and for that the marriage was void.-Jamuna Bai v.Anant Rao 1988 Cr LJ 793.
There is no forum provided under the Act so as to claim
maintenance. Maintenance can only be claimed through regular suit.-Krishan Lal
v. Sudershan Kumari 1979 HLR 576.
19 Maintenance of Widowed
daughter-in-law
(1) A Hindu wife, 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.
PROVIDED
and to the extent that 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) (b) from
her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall
not be enforceable if the father- in- law has
not the means to do so from any coparcenary property in his possession
out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the
re-marriage of the daughter-in-law.
COMMENTS
Liability of the father-in-law comes to an end where the widow
is remarried or she has obtained a share in the coparcenery properties while
partition. But her right to share in the separate property of her husband or in
his interest in coparcenery property cannot be divested.-Animuthu v. Gandhimmal
1977 HLR 628.
20 Maintenance of children and
aged parents
(1) Subject to the
provisions of this section a Hindu is bound, during his or her lifetime, to
maintain his or her legitimate or illegitimate children and his or her aged or
infirm parents.
(2) A legitimate or
illegitimate child may claim maintenance from his or her father or mother so
long as the child is a minor.
(3) The obligation
of a person to maintain his or her aged or infirm parent or a daughter who is
unmarried extends insofar as the parent or the unmarried daughter, as the case
may be, is unable to maintain himself or herself out of his or her own earnings
or other property.
Explanation: In his section "parent” includes a childless
step-mother.
COMMENTS
There is no liability casted upon step-son as to maintain his step mother under this
section, though the step-son is liable to maintain her as a dependent- Pannalal
v. Fulmani AIR 1987 Cal 768
Unmarried daughter, aged or infirm parents can enforce their
rights only in these cases where they are unable to maintain themselves from
their own earnings or from the property owned by them where almost all the
property is given in gift by the mother
to her only daughter and the rest of property is sold by her to her brother,
she gets entitled to be maintained by her daughter.-Munnidevi.v. Chhoti AIR
1983 All 444.
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:
PROVIDED
and to the extent that he is unable to obtain maintenance, in the case of a
grandson from his father's or mother's estate, and in the case of a great -
grand son, from the 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 as she remains unmarried;
PROVIDED
and to the extent that she is unable to obtain maintenance, in the case of a
grand - daughter from her father's or
mother's estate and in the case of great-grand- daughter from the 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) from the 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:
PROVIDED
and to the extent that she is unable to obtain maintenance from her husband's
estate, or from her son or daughter, if any, or his or her estate; or in the
case of a grandson's widow, also from her 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.
(1) Subject to the
provisions of sub section (2) the heirs of a deceased Hindu are bound of
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.
COMMENTS
A person having concubine and he himself dying after the Act coming into force, would confer a
right to maintenance upon the concubine.-Laxminarasamma v. Sundaraamma AIR 1981
AP 88.
Where no property is inherited by the brothers from their
father, they cannot be compelled to contribute for the marriage of their
sister.-Challaiyan v. Salia Krishan AIR
1982 Mad 148.
Where there is no maintenance from the estate of the husband or
from her son or daughter such Hindu widow, is to be taken as dependant of the
father-in-law under this section as s,19 would not be having its application to
such a case .-Bitala Kunwari v. Girand Singh AIR 1983 All 425.
(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 Act, and in doing so
the court shall have due regard to the considerations set out in sub- section (2), or sub- section(3), as
the case may be, so far as they are applicable.
(2) In determining
the amount of maintenance, if any, to be awarded to a wife, children or aged or
infirm parents under this Act, 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, whether
the claimant 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 sources;
(e) the number of persons entitled to
maintenance under this Act
(3) In determining
the amount of maintenance, if any, to be awarded to a dependent under this Act,
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 degree of
relationship between the two;
(d) the reasonable
wants of the dependant;
(e) the past
relations between the dependant and the deceased;
(f) the value of
the property of the dependant and any
income derived from such property; or from his or her earnings or from any
other source;
(g) the number of
dependants entitled to maintenance under this Act.
ಕಾಮೆಂಟ್ಗಳಿಲ್ಲ:
ಕಾಮೆಂಟ್ ಪೋಸ್ಟ್ ಮಾಡಿ