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Want Clarity on Dependents Rights? sec 21 Hindu Adoption and Maintenance...

Dependants Defined under Section 21 Hindu adoptions and maintenance act 1956?

When we talk about maintenance in law, one important question arises: “Who is considered a dependant?”
The answer lies in Section 21 – Dependants Defined. This section gives a complete list of family members who are legally considered as dependants of a deceased person.

In this blog, we will understand the meaning of dependants, categories of dependants, and their legal rights in very simple English.

🔹 What Do We Mean by Dependants?

Dependants are those family members of a person who relied on him or her for financial support during their lifetime. After the person’s death, these dependants can claim maintenance under law if they are unable to support themselves.

Dependants under Section 21 – Full List with Explanation

The law has clearly listed who can be called a “Dependant.” Let’s understand them step by step.

1. Father and Mother

The parents of the deceased are dependants because parents may need financial support from their children.

2. Widow (Wife of the deceased)

The widow is a dependant as long as she does not remarry. After remarriage, she loses this right.

3. Son and Descendants (Only if Minor)

  • A son is a dependant, but only till he is a minor.

  • If the son is already dead, then the grandson becomes a dependant, provided he is a minor and cannot get support from his parents.

  • Even a great-grandson can be a dependant under the same condition.

4. Unmarried Daughter and Descendants

  • An unmarried daughter is always a dependant.

  • If the daughter is dead, then her unmarried daughter (granddaughter) can also be a dependant.

  • Even an unmarried great-granddaughter can be included, but only if she cannot get maintenance from her parents.

5. Widowed Daughter

  • A widowed daughter is considered a dependant.

  • But this is only when she cannot get support from her husband’s property, her children, or her in-laws.

6. Son’s Widow or Grandson’s Widow

  • The widow of a son or grandson is also a dependant.

  • The condition is: she should not have remarried and she cannot get support from her husband, children, or father-in-law.

7. Minor Illegitimate Son

If the deceased had an illegitimate son, he will be treated as a dependant till he is a minor.

8. Unmarried Illegitimate Daughter

An illegitimate daughter is also a dependant, but only as long as she remains unmarried.


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NOTE- This blog is for educational purpose only.

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