Analysing Children's Right To Maintenance By Their Parents, As Adults

Today, many parents boast about raising their sons and daughters as equals. Puffed up with pride, parents say that they spend equal time, attention and money on their sons' and daughters' lifestyles and education. They claim that they don't discriminate between their sons and daughters in any way. But when it comes to the right to inheritance, the pride flickers and parents feel conflicted. 

"We have spent so much on their education," said my parents who had to take loans to educate my siblings. They further added, "They have already received their share of the inheritance." My parents intended that after spending so much money on my siblings' education which burdened my parents with loans, they would not provide any rights to my siblings over personal property. They consider this just since inheritance for them is about giving assets to their children. 

Do education expenses count as inherited wealth?

My parents are not the only ones with this thought process. Many parents in their friend circle believe in the idea of considering educational costs as inherited wealth. 

Moreover, within this wide perspective, lies another thought process. Even today, many parents consider their daughters as paraya dhan who won't stay or look after the family properties. They assume that daughters have to go to their marital house and claim rights on its properties. Naturally, then, sons become the sole heir of the entire property of the parents. Here, even the perspective of education fees overpowering inheritance rights becomes invisible. 

Case study: Right to Maintenence of Children by their parents 

In 2020, the Supreme Court made a judgement regarding the maintenance of daughters or children by their fathers. In the  Abhilasha vs Prakash & Others case, the court ruled that a father must maintain a daughter until she is unmarried or can maintain herself. The court cited three laws regarding the maintenance of children by their parents.

First is Section 20(3) of the Hindu Adoption and Maintenance Act, 1956 (HAMA) which means that fathers are legally obligated to support their daughters until they get married and if daughters cannot maintain themselves. The second law is  Section 125 of the Code of Criminal Procedure, 1973 (CrPC) which entails that a daughter can seek maintenance from her father if she is being mentally or physically abused in addition to being unmarried and unable to maintain herself. 

Another law about maintenance alluded to by the Supreme Court is Section 488 of CrPC which says that a person with sufficient means must maintain their children, including daughters. 

In 2024, the  Allahabad High Court stated that unmarried daughters have the right to maintenance from their parents irrespective of their age or religious background if they fall under the aggrieved category of Section 2(a) of the Protection of Women Against Domestic Violence Act 2005. 

When we look at these case studies, it is clear that children are legally allowed to seek maintenance from their parents, until they can sustain themselves. Moreover, parents are legally obligated to maintain their children until they are independent. So, the claim of my family and other parents in my society that educating their children is a part of inheritance stays null and void. Since their children are still studying, they are not capable of maintaining themselves. Therefore, parents are legally obligated to maintain their children and children have the legal right to seek maintenance.

However, as far as inheritance is concerned, parents have the right to make decisions about the heir. The only condition is that their choice applies only to self-acquired properties. 

Legal input on the right of inheritance of children

Nidhi Kumar, a Practising Advocate at the Supreme Court of India and Delhi High Court told SheThePeople that even though children have equal rights on parents' properties, parents can choose whom they want to be their heir. However, if parents die without writing a will, the property is passed on to the children. This law, Kumar said, is intended to protect parents who are ill-treated by their children, especially in their old age.

Adding further, Advocate Kumar said that parents' freedom to decide is inapplicable when it comes to the inheritance of the ancestral property. Children have legal rights to inherit ancestral property irrespective of whether their parents approve of it or not.

When SheThePeople asked if the ancestral property is transferred to the parent's name, does this law become inapplicable? Advocate Kumar firmly denied this and said that even if parents take over the ancestral property, on document the property belongs to the ancestor. Hence, children's unconditional right over it remains unchanged. 

What equal parenting entails

Dear parents, if you are concerned about your children's safety, you would know that following social norms doesn't confirm safety. Rather, it makes children, especially daughters, powerless and submissive. If your claim of equal parenting is right, you wouldn't accept the traditions of the patriarchal society. Equal parenting is not just about providing equal education and freedom to be employed. It is about supporting your children even if patriarchy tries to enforce norms on them. Equal parenting teaches children to take their stand and not to submit out of fear. 

Equality also means awareness about the rights of other people and refraining from seizing those rights. If you believe in equality, you cannot take away children's right to selfless maintenance, equal inheritance and freedom to choose how they want their lives to be. 

Views expressed are the author's own.