1

BM LAW COLLEGE

AFFILIATED TO JAI NARAYAN VYAS UNIVERSITY JODHPUR

APPROVED BY BAR COUNCIL OF INDIA
Session 2021-22
B.A. LL.B. 6th SEMESTER
SUBJECT – FAMILY LAW (HINDU LAW) .
TOPIC – HINDU MAINTAINS AND ADOPTION ACT,1956.

SUBMITTED BY SUBMITTED TO
DR. PRIYANKA GOSWAMI ASHOK
JAIPAL
 2

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my

teacher (DR. PRYINKA GOSWAMI) as well as our
principal who gave me the golden opportunity to do this
wonderful project on the topic (HINDU MAINTENANCE
AND ADOPTION ACT,1956), which also helped me in doing
a lot of Research and i came to know about so many new
things I am really thankful to them.

Secondly i would also like to thank my parents and friends

who helped me a lot in finalizing this project within the
limited time frame.
 3

CERTIFICATE

This is to certify that this project has been made by

Krishan Kumar Sambhwani of B.A LL.B. [6 th
semester]. Under my guidance and have been
completed successfully.

DR.PRYINKA GOSWAMI
 4

INDEX
1.INTRODUCTION

2.ADOPTION

 (Section 5) Adoptions to be regulated by this Chapter-

 (Section 6) Requirements Of Valid Adoption
 Who can Adopt a child?
Section 7) The capacity of a Hindu male to adopt.
 (Section 8) The capacity of a Hindu female to adopt.
 Who can give a child for adoption?
(Section 9) Persons capable of giving in adoption-
 (Section 10) Persons who may be adopted-
 (Section 11) Necessary conditions to be fulfilled for valid adoption:
 (Section 12) Effect of Adoptions
 (Section 13). Right of adoptive parents to dispose of their properties-
 (Section 14). Determination of adoptive mother in certain cases-
 (Section 15) Valid adoption not to be cancelled
 (Section 16) Presumption as to registered documents relating to adoption
 (Section 17).. Prohibition of certain payments

3. MAINTANENCE

 (Section 18) Maintenance of wife

 (Section 19) Maintenance of widowed daughters-in-law
 (Section 20) Maintenance of children and aged parents
 Maintenance of dependents
(Section 21) ddependents defined
 (Section 22)  Maintenance of dependents
 (Section 23)  Amount of maintenance
 (Section 22)  Maintenance of dependents
 (Section 23)  Amount of maintenance
 (Section 24)  Claimant to maintenance should be a Hindu
 (Section 25)  Amount of maintenance may be altered on change of circumstances
 (Section 22)  Maintenance of dependents
 (Section 23)  Amount of maintenance
 ] (Section 24)  Claimant to maintenance should be a Hindu
 (Section 25)  Amount of maintenance may be altered on change of circumstances
 (Section 26) . Debts to have priority
 (Section 27) . Maintenance when to be a charge.
 (section 28) Effect of transfer of property on right to maintenance.

4.Conclusion

5.Reference
 5

INTRODUCTION
The Hindu Adoptions and Maintenance Act (HAMA) was established in the year 1956 as part of
the Hindu Code Bills. This act extends to the whole of India except the State of Jammu &
Kashmir and applies to Hindus domiciled in our country.

Hindu Adoptions and Maintenance Act was introduced to codify and standardize the current
Hindu legal tradition. This act dealt specifically with the legal process of adopting children by a
Hindu adult, and with the legal obligations of a Hindu to provide maintenance to various family
members.

Adoption is an act of giving and taking a child, male or female into the family having no
son or daughter. Under the Shastric Law, only the father or mother could give a Child in
Adoption.  according to the Smritis, this power was derived from their having begotten
the child.  The new law allows the adoption of an orphan the power to give the orphan in
adoption. The safeguard provided is that the guardian should obtain the permission of
the court for giving the child in adoption. The Hindu Adoption and
Maintenance Act, made Adoption a secular institution. It lays down various provisions
relating to adoption and maintenance. The Act removed the restrictions under old law.

PRELIMINARY

1. Short title and extent-

(1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956.

(2) It extends to the whole of India except 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 or 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 that law in respect of 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;
 6

(b) any child, legitimate for illegitin~ate, one of whose parents is a Hindu, Buddhist, Jaina or
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,

(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and
mother or whose parentage is not known and who is either case is brought up as a Hindu,
Buddhist, Jaina or Sikh, and

(c) any person who is a 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 in the Official Gazette, otherwise directs.

(2-A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act
shall apply to the Renoncants of the Union Territory of Pondicherry.

(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 to whom this Act
applies by virtue of the provisions contained in this section.

3. Definitions- 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 that the rule is certain and not
unreasonable or opposed to public policy; and 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 incident to her
marriage;

(c) "minor" means a person who has not completed his or her age of eighteen years.

4. Overriding effect of Act- Save as otherwise expressly provided in this Act,-

(a) any text, rule or 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 in so far as it is inconsistent with any of the provisions contained in this Act.
 7

ADOPTION
The Act has no description of the word “Adoption” per se, but it is a Hindu law derived
from uncodified Hindu laws of Dharamsastra, specifically Manusmriti.

Adoption has been described in Manusmriti as ‘taking someone else’s son and

raising him as one’s own’. 

Hindu Adoption and Maintenance Act has made the definition of ‘adoption’ much wider
by using the word ‘child’ instead of ‘son’. Child includes both a girl and a boy child, and
not merely a son.

With the change in society over time a codified and uniform legislation was required to
serve the democracy, so, no adoption can be made without the procedure mentioned in
this act. If any adoption is made neglecting this act, the adoption shall be rendered to be
void.

Adoption will be valid only if it has been made in compliance with this Act.

[1](Section 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 provisions 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 rights of any person in the family of his or her
birth.

[2] (Section 6) Requirements Of Valid Adoption

Under the Hindu law of adoption, only a Hindu can adopt a child if he/she abides by the
essentials prescribed in Section 6 of the act:

 The adoptive parent/s have the capacity and rights to adopt;

 8

 The person/s giving up the child for adoption has the capacity to do so;
 The person being adopted has the capacity to be taken in adoption;
 The adoption is made in compliance with the act.
Only upon meeting these requirements shall adoption be valid.

Who can Adopt a child?

In order to adopt a child, the person must be a Hindu and have the capacity to adopt it. A
Hindu male who wishes to adopt a child must meet the requirements provided in Section
7 of the act and a Hindu female wanting to adopt shall abide by Section 8 of the same

[3] (Section 7) The capacity of a Hindu male to

adopt.
Section 7 states that a male Hindu who is willing to adopt a child must fulfil the following
conditions:

 Attained the age of majority; and

 Be of sound mind.
 Must have a wife that is alive whose consent is absolutely necessary. 
 It can be overlooked if the wife is incapable of giving consent due to insanity or
other reasons.
 If a person has multiple wives, the consent of all the wives is necessary for
adoption.
In Bhola & ors v. Ramlal & ors, the plaintiff had two wives and the validity of adoption
was in question as he had not taken the consent of one of his wives before adopting. 

It was the contention of the plaintiff that his wife had absconded and could be considered
as good as dead.

The High Court of Madras observed that the wife of the plaintiff had run away but could
not be considered dead unless she had not been heard from for at least seven years. It
was held that as long as the wives are alive, the consent of each wife is necessary for a
valid adoption.

If the wife has converted to some other religion or renounced the world, her consent isn’t
necessary for adoption. But, the existence of a living wife is an essential requirement for
a Hindu male to adopt children.
 9

[4] (Section 8) The capacity of a Hindu female to

adopt.
Section 8 of the act states that a Hindu Female willing to adopt a child must: 

 Have attained the age of minority;

 Be of sound mind;
 Be either a widow; 
 Divorced, or 
 Unmarried in order to adopt.
If she has a husband who is alive, she will not have the capacity to adopt a child.

Who can give a child for adoption?

[5] (Section 9) Persons capable of giving in

adoption-
No one but the parents and guardian of the child can give them up for adoption as
per Section 9 of the Hindu Adoption and Maintenance Act. 

As per the act:

 Only the biological father of a child has the authority to give him up for
adoption;
 The consent of the child’s biological mother is necessary.
A mother will have the capacity to give the child up for adoption if:

 The father is either dead;

 Of unsound mind; 
 Has renounced the world; or 
 Converted to some other religion.
The section clearly mentions that the father and mother mean biological parents and not
adoptive parents. Adoptive father or mother can not give the child up further for
adoption.
 10

[6](Section 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 a 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.

[7] (Section 11) Necessary conditions to be fulfilled

for valid adoption:

The Hindu Adoption and Maintenance Act prescribes a set of rules for a valid adoption,
which must be complied with. Such as:

(Section 11 (i) Adoption of a son

 of the act states that if a Hindu male or female desires to adopt a son, they must not
have a living son, grandson, or even a great-grandson at the time of adoption.

It is irrelevant whether the son is legitimate, illegitimate, or adoptive. They should not
already have a son who is living.

(Section 11 (ii) )Adoption of a daughter

Similar to the conditions of adopting a son – 

states that one wishing to adopt a daughter must not have a living daughter or a
granddaughter from their son at the time of the adoption. 
 11

It is immaterial whether the daughter or granddaughter is legitimate, illegitimate, or

adoptive.

(Section 11 (iii) )Adoption of a female child by a male

A Hindu male willing to adopt a girl child must have the capacity to adopt a child as
prescribed in Section 7 of the act, and Section 11(iii) states that he must be at least 21
years older than the girl child that is to be adopted.

(Section 11 (iv)) Adoption of a male child by a female

If a Hindu female wants to adopt a male child she must first meet the requirements
prescribed in Section 8 of the act and have the capacity to adopt a child.

Also, she has to be at least 21 years older than the child she wishes to adopt.

Other conditions
When adopting a child a person must comply with some additional conditions along with
all the aforementioned conditions. 

These additional conditions are basic and are very important for the welfare of the child.

Section 11(v) of the act says that the same child can not be adopted by multiple people
at the same time.

Section 11(vi) states that a child that one wants to adopt must have been given up for
adoption as per the guidelines of this act, by their biological parents or guardian. 

The Section further states that the child shall be given up for adoption with the intention
to transfer him/her from their biological family to the adoptive one.

In the case of an abandoned child or whose parents are unknown, the intention must be
to transfer him/her from the place or family that they have been brought up to their
adoptive family.
[8] (Section 12) Effect of Adoptions
As per the provision of Hindu Adoptions and Maintenance Act (HAMA), an adopted child will be
deemed the child of his or her adoptive father or mother for all purposes with effect from the date
of the adoption. From the date of adoption, all the ties of the child in the family of his or her birth
will be deemed to be severed and replaced by those created by the adoption in the adoptive
family.

 The child cannot marry any person whom she or he could not have married if she or he
had continued in the family of his or her birth
 12

 Any property which entrusted to the adopted child before the adoption will 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
 The adopted child will not divest any person of any estate which vested in him or her
before the adoption

[9] (Section 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.

[10 (Section 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 others to
be stepmothers. (3) Where a widower or a bachelor adopts a child, any wife whom he
subsequently marries shall be deemed to be the stepmother 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 stepfather of the adopted child

[11] (Section 15) Valid adoption not to be cancelled-

No adoption which had 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.

[12] (Section 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.
 13

[13] (Section 17).. Prohibition of certain payments-

(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 provisions 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 authorized by the State Government in this behalf.

MAINTENANCE
Chapter 3 of the act that deals with maintenance.

The right to maintenance arises from the concept that the head of an undivided family is
bound to maintain its member. Section 3(b) of the Hindu adoption and maintenance act
1956 defines maintenance as;
 14

1.In all cases, provision for food, clothing, residence, education, medical attendance and
treatment.

2. in the case of an unmarried daughter, also the reasonable expenses of an incident to

her marriage.

[1] (Section 18) Maintenance of wife

(Section 18 (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.

(Section 18 (2)) When is the wife entitled to maintenance?

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 wilfully 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 form 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.

Maintenance can be paid every month or in a lump sum. Even when the wife has some
source of income and some property but needs some financial aid for necessary
expenses such as medical expenses. It is the obligation of the husband to pay
maintenance for such expenses if required. 

The same was held by the Hon’ble Supreme Court in the case of Smt. Anita Thaukral v.
Shri Satbir Singh Tkukral.
 15

In the aforementioned case, the wife had some source of income and also had an
apartment in a good location but, she was unable to make enough money to cover up
her medical expenses.

The court held that:

 The wife will use one of the debit cards of the husband, 
 with the undertaking that she will only withdraw a reasonable amount as may
be necessary for her medical expenses.

(Section 18 (3)) When maintenance is not to be paid to a wife?

A wife must be maintained after a divorce in order to financially support her. But,
there are some exceptions to this rule.

 If a Hindu wife has committed adultery or has any other illicit sexual
relationship with anyone else, she shall not be entitled to maintenance.
 Also, if she no longer remains a Hindu and gets converted to some other
religion that does not fall under the spectrum of Hinduism.
Also, in the case of Abbayolla M. Subba Reddy v. Padmamma:

 The defendant had two living wives,

 The second wife was claiming maintenance,
 A bigamous marriage is illegal under Hindu Laws,
 The validity of the marriage of the defendant with his second wife was in
question.
The High Court of Andhra Pradesh held that:

 If a man has two wives, the marriage with a second wife will be void ab
initio as Hindu laws prohibit bigamous marriage and the parties never actually
become husband and wife. 
 Therefore, the second wife will have no entitlement to any kind of maintenance
as the marriage is void ab initio.
 16

[2] (Section 19) Maintenance of widowed daughters-

in-law
A husband is liable to pay maintenance to his wife after they get divorced. However, if
the husband is dead it is the obligation of his father to pay maintenance to his daughter-
in-law.

Section 19 of the Hindu Adoption and Maintenance Act states the same, but the father-
in-law shall only be liable to pay maintenance if:

 His daughter-in-law has no sources of income;

 She has no property to sustain herself on her own;
 If she has some property, it is insufficient to meet her basic expenses.
In case she has no property of her own and any property of her husband, parents or
children are not fetching her any maintenance.

The second clause of Section 19 also states: 

That a father-in-law shall not be liable to pay any maintenance if:

 He is not able to do so from any coparcenary property in his possession; 

 The daughter-in-law has no share in that property, and such obligation will end
if she gets remarried.

[3] (Section 20) Maintenance of children and aged

parents-
People who cannot earn money for themselves due to reasonable grounds need to be
given maintenance in order to meet their basic necessities. Such people can include
children and old people.

Section 20 of the act states: 

 A Hindu male or female is obligated to maintain their children whether they are
legitimate or illegitimate.
 Children shall claim for maintenance from their parents as long as they are
minor. 
 An unmarried daughter shall be entitled to maintenance even after attaining
the age of majority, till the day she gets married.
The section further prescribes that: 
 17

 Parents who are old or have physical or mental weakness need to be

maintained if they are not able to maintain themselves. 
 A childless stepmother will also be considered a ‘parent’ in the context of this
section.
In the case of Mst. Samu Bai & anr v. Shahji Magan Lal, the High Court of Andhra
Pradesh held that:

The maintenance to aged and infirm parents must only be provided if the parents have
no means to sustain themselves, or are unable to maintain themselves out of their own
property or earnings. So, we can infer that if the old parents have enough means to
maintain themselves, the obligation of children to maintain them can be relaxed

Maintenance of dependants
[4] (Section 21) dependents defined
deals with the rights of the dependents of the deceased to claim maintenance from the heir of the
deceased.  

Who are dependents?

Dependent is someone who relies on parents, brother or some other relative for
sustaining themselves.

Section 21 defined the following as dependents; 

1. Father of the deceased

2. Mother of the deceased.
3. Widow of the deceased as long as she does not remarry.
4. minor Son, grandson, great-grandson of the deceased provided he is a minor and
cannot get maintenance.
5. Unmarried daughter, granddaughter or great-granddaughter of the deceased
provided she is unmarried and cannot get maintenance.
6. Widowed daughter of the deceased provided she cannot get maintenance from
her husband.
7. Any widow of the deceased son or grandson provided she does not remarry and
cannot get maintenance from her husband.
8. The illegitimate son of the deceased provided he is a minor.
9. The illegitimate daughter of the deceased provided she is unmarried. 
 18

[5] (Section 22)  Maintenance of dependents-

(1) Subject to the provisions of sub-section
(2), the heirs of a deceased Hindu are bound to maintain the dependents of the
deceased out of the estate inherited by them from the deceased.
(2) Where a dependent has not obtained, by testamentary or intestate
succession, any share in the estate of a Hindu dying after the commencement of this
Act, the dependent 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 take 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 dependent 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.

[6] (Section 23)  Amount of maintenance-

There is no fixed amount for maintenance that shall be paid. It is at the discretion of the
court to determine the amount of maintenance. 

Section 23 of the act states that while deciding the amount of maintenance to be
awarded to a wife, children, or old and infirm parents – the court must do so considering
the following:

 Status of parties and their current position;

 The claims of the parties within reasonable limits;
 If the claimant living separately have justified grounds in doing do;
 All sources of income of the claimant and the value of their property;
 The number of people that are entitled to be maintained.
Section 23(3) further simplifies the process of deciding the amount of maintenance
payable to other dependents. It says that the amount of payment to be made should be
with regard to:

 The net value of the deceased’s property after clearing off all his debts;
 Will of the deceased if any;
 Degree of the relationship between the claimant and the deceased and their
past relationship;
 What the dependents want within reasonable limits;
 19

 All sources of income of the dependent and the total value of all their
properties;
 The number of dependents that can be entitled to maintenance.

[7] (Section 24)  Claimant to maintenance should be

a Hindu―
If any of the party is not a Hindu or has ceased to be one, they cannot claim
maintenance as per this act. 

Section 24 of the Act says:

 No one will be entitled to claim maintenance under the Hindu Adoption and
Maintenance Act if they have ceased to be a Hindu by converting themselves
to some other religion.

[8] (Section 25)  Amount of maintenance may be

altered on change of circumstances.―
The amount of maintenance to be paid can be decided by the court or by an agreement
between the parties. 

Maintenance is paid to provide aids for the basic needs of everyday life in case a person
does not have the source or ability to provide for themselves. 

Section 25 of the act states that the amount of maintenance may be altered with the
change in circumstances.

But, the section is vague. It does not say on what changes in circumstances can the
alteration be sought and how the alteration can be done.

In the case of Binda Prasad Singh v. Mundrika Devi, the High Court of Patna observed
that there was no set procedure mentioned in Section 25 as to how the amount can be
altered.

The court stated that:

a.The amount of maintenance is fixed either by an agreement or by way of a decree. 

b.The only way to alter an agreement is by way of another agreement, and the decree
can be altered by amendment of degree.
 20

c.So, another suit must be filed for altering the amount of maintenance and a new
decree that supersedes the older one must be granted if the court thinks fit.

[9] (Section 26) . Debts to have priority.―

If there is a charge on the estate of the deceased, the money must first be used to clear
out all the debts that are payable by the deceased, as per Section 26 of the Hindu
Adoption and Maintenance Act. Under Hindu law payment of one’s debts is considered
essential for the salvation of their soul and so one’s duty to pay their debts back has a
religious connotation.

In the case of Kripal Singh v. Balwant Singh, it was held by the court that such debts
shall be binding on the son which is not: 

 Immoral, 
 Illegal,
 Opposed to public policy, or 
 Agreed upon due to a reckless borrowing of money for no reasonable grounds
or for deliberate waste.
It is the religious, moral, and legal duty of the dependents to pay off the debts of the
deceased before using the money for maintaining themselves.

[10] (Section 27) . Maintenance when to be a

charge.―
 A dependent’s claim for maintenance must not be a charge on the deceased’s
estate unless otherwise provided in a will of the deceased or an agreement
between the deceased and the dependent.
In the case of Kare More Sharabanna Rudrappa & ors. v. Basamma & ors, it was held
that: 

 A person’s wife and children who are entitled to be maintained out of his
property must be paid maintenance by making a charge over his property that
he possesses, and 
 Out of those properties that have been transferred gratuitously in order to
avoid responsibilities.
 21

[11] (Section 28). Effect of transfer of property on

right to maintenance.―Where a dependant 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 right, or if the transfer is gratuitous; but not against the transferee
for consideration and without notice of the right.

Conclusion
After studying the Hindu Adoption and Maintenance Act, 1956, a brought a
new perspective on Indian law has been determined. The document
discusses not only the law on the adoption and care of Indians, but also the
law on Indian marriage and marriage, as well as the care of children and
elderly parents, the care of widows, and unmarried girls, serving members
of the municipality, family, widowed bride. Recent court rulings show that
the Indian courts have gradually been liberal in ruling on alimony cases.
Maintenance not only for the wife but also for all, which includes the
maintenance of the daughter-in-law, the widow, the maintenance of
children and elderly parents, the maintenance of dependents or the
maintenance of family members. This provision, therefore, implies the
public duty of a person who can support himself to support those who
cannot. Over time, people have made a preconceived notion of the Code,
the fear of minorities cannot be forgotten, on the contrary, the fear of being
overshadowed by the laws

of the executive majority.

 22

References

Cases
 Sardar Kirpal Singh v. Sardar Balwant Singh  (1913) 15 BOMLR 79
 Binda Prasad Singh v. Mundrika Devi
 Mst. Samu Bai & anr v. Shahji Magan Lal AIR 1961 Raj 207
 Abbayolla M. Subba Reddy v. Padmamma  1998 (5) ALD 465
 Anita Thaukral v. Shri Satbir Singh Tkukral    (Citation not available)
 Sri Chandra Nath Sadhu & ors v. The State of West Bengal &
ors (2003) 3 CALLT 1 HC
 Bhola & ors v. Ramlal & ors  AIR 1989 MP 198

Bare Acts
 The Hindu Adoption and Maintenance Act, 1956
 The Hindu Marriage Act, 1955
 The Transfer of Property Act, 1882

Books
 Dr Saxena. Poonam, Family Law Lectures, ed. 3, LexisNexis, 2011.

webliography
 https://www.toppr.com/guides/legal-aptitude/family-law-II/the-hindu-
adoption-and-maintenance-act-1956/
 https://www.indiafilings.com/learn/hindu-adoptions-and-maintenance-act/
 23

 http://www.legalserviceindia.com/articles/hmcp_adopt.htm
 http://www.legalservicesindia.com/article/2211/Right-of-Hindu-Wife-To-
Maintenance-Under-Hindu-Adoption-And-Maintenance-Act.html
 https://www.lawzgrid.com/legal-blog/Essentials-of-Adoption-under-Hindu-
Adoption-and-Maintenance-Act-1956
 https://www.latestlaws.com/articles/all-about-the-hindu-adoptions-and-
maintenance-act1956-by-akanksha-yadav/
 https://tcw.nic.in/Acts/
 https://www.srdlawnotes.com/2017/11/ who-can-give-child-in-adoption-
hindu-law.html
 Hindu Adoptions and Maintenance Act (HAMA) 1956 - IndiaFilings