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Recovery of Court Ordered compensation from a deceased Respondent


14-Jan-2026 (In Recovery Law)
My Case : In my Domestic Violence Case, the Court ordered the Respondent to pay me Maintenance of Rs 10,000/- per month. However, the Respondent expired without paying me even a single penny. My query : 1. Can this Court Ordered Maintenance be recovered from the legal heirs of the deceased Respondent ? 2. If yes, then under which provision of which Act / law ?
Answers (4)

Answer #1
981 votes
Compensation is a monetary liability On the death of the respondent, the liability can be recovered from the estate of the deceased, not from heirs personally. 2. No imprisonment, only recovery Since the respondent is deceased, coercive imprisonment is not possible, but attachment and recovery of property is allowed. 3. Heirs are not personally liable Legal heirs are liable only to the extent of property inherited from the deceased.
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Advocate Prashant Gupta

Adv. Prashant Gupta

LawRato Mumbai | 50+ Answers
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Answer #2
958 votes
Yes,but only to a limited extent. unpaid maintenance ordered under the Domestic Violence Act can be recovered after the respondent’s death, but only from his estate, under Section 20 & 28 of the DV Act read with Section 125 CrPC and Section 50 CPC — not as a personal liability of the legal heirs. The arrears of court-ordered maintenance can be recovered from the estate (property/assets) of the deceased respondent, not personally from the legal heirs. Legal heirs are liable only to the extent of property they inherit from the deceased. Disclaimer: This information is for educational purposes only and does not constitute legal advice. The specific laws and procedures may vary depending on your location and jurisdiction. Contact to any Advocate Or us
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Advocate Joyson Pereira

Adv. Joyson Pereira

LawRatoVasaiVirar | 25+ Answers
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Answer #3
784 votes
Arrears of DV maintenance can be recovered from legal heirs only to the extent of the deceased’s estate. Enforceable as civil debt under Sec 20(6) DV Act read with Sec 50 CPC. Future maintenance ends on death.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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Answer #4
716 votes
In India, maintenance arrears can be recovered from the deceased respondent's legal heirs, but only to the extent of the property/estate they inherited from him. Future maintenance, however, usually stops upon death. You can file an execution petition under Section 20 of the PWDV Act or Section 147 of BNSS against the heirs.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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