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The duty to maintain parents exists even after the death of your child or legal heir. Upon an application, the court may order that a portion of the child or legal heir’s wealth and assets be given to you, if you are old and infirm. The amount of maintenance in such cases will be calculated as per the rules of inheritance applicable after the death of your child or legal heir. The amount due to you will be decided by a court after considering a number of factors such as:
- Full value of assets of the child or legal heir after paying off their debts including any income from their property,
- Provisions of their will (if any),
- Nature and closeness of the relationship with you,
- Your needs and requirements (reasonable calculated), or
- The number of people dependent on them for maintenance.
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