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The duty to maintain parents exists even after the death of a person who is supposed to maintain them. Upon an application, the court may order that a portion of a person’s wealth and assets be given to parents who are old and infirm. The amount of maintenance in such cases will be calculated as per the rules of inheritance applicable to that dead person. 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 dead supporter after paying off his debts including any income from his property,
- Provisions of his will (if any),
- Nature and closeness of the relationship with you,
- Your needs and requirements (reasonable calculated), or
- The number of people dependent on him for maintenance.
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