DR. AMBEDKAR AND THE HINDU CODE BILL 195
131. Extent of liability of heirs to maintain dependants. — Part III-A, Where a dependant has not obtained, by testamentary or sec. 4, intestate succession, any share in the estate of amale Hindu dying page 12. after the commencement of this Code, or
where, in a case of testamentary succession, the share so obtained by a dependant is less than what would be awarded to him or her by way of maintenance under this Part,
he or she is entitled, subject to the provisions of this Part, to maintenance from those who take the estate:
Provided that the liability of each heir shall be in proportion to the value of the share or part of the estate taken by him or her;
Provided further that 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 Part.
(154)
Amount of Maintenance
132. Amount of maintenance. —(1) In determining the amount Part III-A, of maintenance, if any, to be awarded to the wife children or aged sec. 6, parents under this Part, regard shall be had to— page 13.
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately from the father, whether he or she is justified in doing so;
(d) the value of the claimant’s property and any income derived from such property, or from the claimant’s own earnings, or from any other source ;
(e) the number of persons who are entitled to maintenance under the provision of this Part.
(2) In determining the amount of maintenance, if any, to be awarded to a dependant under this Part, regard shall be had to—
(a) the net value of the estate of the deceased, after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependant:
(c) the position and status of the deceased and of the dependant;
(d) the degree of relationship between the two;
(e) the reasonable wants of the dependants;
(f) the past relations between the dependant and the deceased;
(g) the value of his or her property and any income derived from such property, or from his or her own earnings, or from any other source;
(h) the number of dependants who are entitled to maintenance under the provisions of this Part;
(i) in the case of a widow, her conduct.
(155)