The heirs inherit the property of the deceased owner. But the deceased owner might have left dependants. These dependants are certain relations whom he was bound to maintain irrespective of the question whether he had any property (e.g. parents, wife and children, and certain relatives who had a moral right to be maintained by him (e.g.) widowed daughter widowed daughter-in-law, illegitimate daughter).
When the owner dies, the claim of his dependants to maintenance fastens on to the property left by him and such property pass into the hands of the heirs only subject to the obligation maintaining the dependants of the deceased.
A dependant can exercise this right against the heirs only when he himself is not an heir or has not obtained any legacy under the will of the testator. This means that if the deceased owner has made a separate provision for the dependant’s maintenance the heirs have no further liability.
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ADVERTISEMENTS:
The heirs are bound to contribute to the maintenance of the dependants of the deceased owner in proportion to the share of their inheritance. It sometimes happens that the heir is himself or herself a dependant of the deceased owner and so entitled to maintenance.
If the result of contributing to the maintenance of other dependants would be to make the worth of the share inherited by him less than the maintenance that would have been awarded to him, he need not contribute to the maintenance of the others. That is, if his share of inheritance is no more than his claim to maintenance he can retain it without liability to contribute for the maintenance of other dependants.
For the factors to be taken into account to determine the quantum of the liability to maintain the deceased’s dependants.