Under the Hindu Maintenance and Adoption Act, 1956, which of the both following circumstances can a dependent enforce his right to maintenance against a transferee of an estate out of which he has a right to receive maintenance?

Option A: Only when the Transferee has notice of such right

Option B: Only when the transfer is gratuitous

Option C: Both (a) & (b)

Option D: None of the above

Correct Answer

Option: c

Explanation

Section 28 of Hindu Adoptions and Maintenance Act, 1956 which deals with effect of transfer of property on right to maintenance provides that where a dependant has a right to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of the right.

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