Destitute widow can claim maintenance from her father — SC

"This provision also indicates that in a case of widowed daughter-in-law of the family, if she has no income of her own or no estate of her husband to fall back upon for maintenance, then she can legitimately claim maintenance from her father or mother," justice Majmudar said for the bench.

One Sham Singh had willed one-third of his property each to his widowed daughter, who was dependant on him, and two brothers. He had made it clear that though the sole right of the 1/3rd property rested with the daughter Balwant Kaur, upon her death the property would revert to his two brothers.

After the death of Sham Singh, Balwant Kaur claiming to have become full owner of the 1/3rd property given to her, willed the same to be given to another.

This was challenged by brothers of Sham Singh, who contended that as she was the owner of the property only during her lifetime, after which the said property was to revert back to them, she had no right to will it to another.

Referring to the will, the apex court said it has to be held that the testator (Sham Singh) did not confer full ownership of 1/3rd interest in the suit land to his widowed daughter but only conferred a life interest in the property.

Justice Majmudar said if Sham Singh had died without making a will of his own properties, then Balwant Kaur could have become the full owner of the entire property left by him and would have excluded both his brothers.

However, he said Kaur’s claim that she had acquired full ownership of the 1/3rd property willed to her by Sham Singh could be well sustained under the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956.

The Court said under Section 21 of the Maintenance Act, a widowed daughter, if had nothing to fall back on from her in-laws, was to be treated as a dependant of her father.

Justice Majmudar said Section 22(2) of the Maintenance Act "clearly indicates that once a person is found to be dependant’ of the deceased, then such a dependant’ has a pre-existing right qua the estate of the deceased to get maintenance."

He said this right would get attached to the estate which might get transmitted to the heirs of the deceased.

On the case in hand, Justice Majmudar said "On facts, it must be held that the widowed daughter had a right against her father, during the latter’s lifetine, as she was a destitute and not taken care of by her husband or his estate. It is in lieu thereof, he gave her 1/3rd of her property."