Obligation of legal heirs to maintain dependants under section 22
Section 22 of the Hindu Adoptions and Maintenance Act, 1956, creates a binding statutory obligation on all heirs of a deceased Hindu to maintain dependants out of the estate inherited. Subject to statutory provisions, the heirs who take the estate are legally bound to support all dependants who have not obtained any share in the estate by testamentary or intestate succession. The liability to provide maintenance is co-extensive with the estate inherited from the deceased and rests upon whoever succeeds to such property. This obligation ensures that the financial liabilities and moral duties owed by the deceased to vulnerable family members are satisfied out of the inherited assets. Section 22(2) explicitly affirms that a dependant left without a share in the estate can claim maintenance directly from those who receive the property. Thus, any person acquiring the estate of a deceased Hindu holds it subject to the statutory charge and duty to maintain eligible dependants. The right to claim maintenance under Section 22 arises upon the death of the property owner and attaches directly to the estate. Therefore, heirs inheriting property cannot disown the obligation to maintain a widowed daughter-in-law who qualifies as a dependant. (Kanchana Rai v. Geeta Sharma & Ors. | 2026 INSC 54)