Hindu ado &main act

Querist : Anonymous (Querist) 17 October 2011 This query is : Resolved
in this act section 26 says debts shall have priority over claims of maintenance of dependents.my question is priority over wife and widow's maintenance also covered in this section?

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prabhakar singh (Expert) 17 October 2011
You need to read not only section 26 but also
27 to understand the true import of the law stated.

"unless one[charge] 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,debts of every description contracted or payable by the deceased shall have priority over the claims of his dependants for maintenance under this act."
is the true import of law stated.

However as regards to your question ,yes is the answer.

Querist : Anonymous (Querist) 17 October 2011
doubt is unclear still regarding wife.this section 27 also not helpful to understand.may be answer lies in other section.

Shonee Kapoor (Expert) 17 October 2011
No wife is not included in the same. As person can run large debts just to escape maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 18 October 2011
Answer is there but you are some where else then i can not help.

kuldeep kumar (Expert) 18 October 2011
husband can not contract large debts to defeat wifes maintenance rights.

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