Question

Under the Hindu Maintenance and Adoption Act, 1956, which of the both following circumstances can a dependent enforce his right to maintenance against a transferee of an estate out of which he has a right to receive maintenance:

• A. Only when the Transferee has notice of such right.
• B. Only when the transfer gratuitous.
• C. Both A & B
• D. None of the above.

Hint:

A dependent's maintenance right "sticks" to the property, unless it is sold to a completely innocent buyer who paid for it without knowing about the right. If the buyer got it for free (gratuitous) OR knew about the right (had notice), they are liable.

Answer 1

The Correct Option is C

Section 28 of the Hindu Adoptions and Maintenance Act, 1956, protects a dependent's right to maintenance, which is treated as a charge on the deceased's estate. This right can be enforced against a person who receives the property (a transferee). However, the right cannot be enforced against a "transferee for consideration and without notice of the right." This means the right *can* be enforced if either: \[\begin{array}{rl} \bullet & \text{The transfer was gratuitous (a gift), regardless of whether the transferee had notice.} \\ \bullet & \text{The transferee had notice of the maintenance right, even if they paid for the property.} \\ \end{array}\] Therefore, the right is enforceable in both situations (A) and (B).