Adopted Adult Stepchild & Family Provision – under the Testator’s Family Maintenance Act 1912 (Tas)

Tasmanian Family Provision Claims

In Tasmania, the Testator’s Family Maintenance Act 1912 provides that specific family members can make a “family provision claim” from the estate if the deceased lived in and owned real estate in Tasmania at the date of death, the applicant believes the deceased’s Will does not adequately provide for their proper maintenance and support. Typically, the applicant must submit a claim within three months following the grant of probate.

An application for provision out of the … Read the rest

Can a Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?

Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?.

Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or … Read the rest