The liability to maintain arises out of nature of relationship with certain category of persons and under certain circumstances, which has got nothing to do with owning or not owning a property. In certain other conditions the liability is dependent only on owning the property.
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The liability in the former case is absolute and personal, arising out of relationship while in the latter case it is known as liability arising from ancestral property which is limited one.
Personal Liability:
The Dharmashastra lays personal liability on every Hindu to provide maintenance to certain relations. The nature, of such liability is strictly based on their mutual relations. Under the old textual law {the following relations were entitled to claim maintenance—
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(1) Wife,
(2) Minor children,
(3) Unmarried daughters,
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(4) Aged parents
The persons who were liable to maintain them were as follows:—
(1) The husband was bound to maintain his wife
(2) The father was bond to maintain his minor sons and unmarried daughters.
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(3) The sons were bound to maintain their old parents.
Under the Hindu Adoption and Maintenance Act, 1956 by way of innvoations over the old law, the illegitimate daughters are also entitled to maintenance from their father and widowed daughter-in-law can claim maintenance from her father-in-law.
Limited Liability:
The concept of limited liability in relation to certain relations can be studied under the following sub-titles:
(1) Manager’s or Karta’s liability in a joint family.
(2) Heirs liability with respect to property inherited by him.
(3) Government liability.
(1) Karla’s Liability:
According to Mitakshara the Karta of a joint Hindu family is legally bound to provide for maintenance to all male members, their wives and children. On the death of any male member, he is liable to maintain his widow and his minor children. This liability depends upon the fact that the entire joint family property is under the control of karta.
(2) Heir’s Liability:
The liability arising out of succession binds the heir to provide maintenance to those dependents of the deceased, whom he was morally and legally bound to maintain during his lifetime. The reason was simple as such dependents of the deceased had a right to be maintained out of his property, for example, there was no personal liability on any Hindu to maintain his sister, but if he inherits property from his father, he would be bound to maintain her as the father was bound to maintain her during his lifetime, provided she was unmarried. Similarly, on the same analogy on inheriting the property a person was bound to maintain his step-mother and mother-in-law.
There are certain relations such as daughter-in-law and sister-in-law who are morally entitled to get maintained.
(3) Government Liability:
The third category of liability lies on the government if it has acquired the property.