Supreme Court clarifies "any widow of his son" includes all widowed daughters-in-law regardless of timing of widowhood
CAN A WIDOWED DAUGHTER-IN-LAW CLAIM MAINTENANCE FROM HER FATHER-IN-LAW'S ESTATE IF HER HUSBAND DIED AFTER THE FATHER-IN-LAW?
Yes. The Supreme Court has ruled that Section 21(vii) of the Hindu Adoptions and Maintenance Act, 1956 defines "dependants" to include "any widow of his son" without qualification about when the widowhood occurred. A daughter-in-law who becomes a widow after her father-in-law's death is entitled to claim maintenance from his estate.
| Section | Act | What It Says | Practical Application |
|---|---|---|---|
| Section 21(vii) | Hindu Adoptions & Maintenance Act, 1956 | "any widow of his son or of a son of his predeceased son" | All widowed daughters-in-law are dependants, regardless of when widowhood occurred |
| Section 22 | Hindu Adoptions & Maintenance Act, 1956 | Maintenance of dependants from estate of deceased Hindu | Heirs must maintain dependants from inherited estate |
| Section 19 | Hindu Adoptions & Maintenance Act, 1956 | Maintenance of widowed daughter-in-law by father-in-law | Applies during father-in-law's lifetime only |
| Article 14 | Constitution of India | Equality before law | Classification between widows based on timing is arbitrary |
| Article 21 | Constitution of India | Right to life and personal liberty | Includes right to live with dignity and basic sustenance |
Father-in-law passes away, leaving estate to be distributed among heirs
Son of Dr. Mahendra Prasad passes away, making his wife Geeta Sharma a widow
Geeta Sharma files for maintenance from father-in-law's estate under Hindu Adoptions & Maintenance Act
Court holds petition not maintainable as Geeta was not widow at time of father-in-law's death
Sets aside Family Court order, holds petition maintainable as Geeta is widow of son
Upholds High Court, clarifies "any widow of his son" includes all widowed daughters-in-law
"Only widows whose husbands died before father-in-law can claim maintenance"
Section 21(vii) says "any widow of his son" - no timing restriction. All widowed daughters-in-law are eligible.
"Maintenance from estate is same as lifetime maintenance from father-in-law"
Section 19 (lifetime) and Section 22 (from estate) are separate provisions with different requirements.
"Heirs can refuse if widow has other means of support"
Maintenance is determined based on inability to maintain from husband's estate or children. Heirs must still contribute proportionately.
"The definition in Section 21(vii) is quite clear and unambiguous. It simply uses the words 'any widow of a son'. The legislature in its wisdom has deliberately avoided to use the word 'predeceased' before the 'son' so as to include any widow of the son. The time of her becoming a widow or the death of the son is immaterial."
"Any restrictive interpretation would fail the test of constitutional validity under Article 14 of the Constitution. The classification sought to be made between widowed daughters-in-law based solely on the timing of the husband's death is manifestly unreasonable and arbitrary."
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.