Lakshmi Mounica 06 March 2018

Can grand children claim maintenance from grandparents?

Dear Forum Member,

Can a 7 year minor girl claim maintenance from her paternal grand-parents after the death of her parents?

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Vijay Raj Mahajan (Advocate) 06 March 2018

Yes as a dependent the 7 years Hindu minor girl can seek maintenance from the Hindu parentral grandparents under section 22 of the Hindu Adoption and Maintenance Act,1956.

22. Maintenance of dependants.—

(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.