This article has been written by Ms. Poorva Nirmal, a 2nd year student of Vivekananda Institute of Professional Studies, New Delhi.
ABSTRACT
This discussion provides brief idea into inheritance laws in India, describing ancestral and self-acquired properties for various communities. It touches upon Hindu, Islamic, Christian, and Parsi inheritance frameworks. The examination of privacy rights in India, emphasizing the landmark Puttaswamy case, illustrates the evolving legal landscape around individual liberty. The Indian Succession Act defines a will and emphasizes its function as a declaration of the testator’s intentions regarding the disposal of their property. The shift from a private to a public document after the testator’s death and the associated rights to privacy and disclosure are examined. In conclusion, the abstract underscores the dynamic interplay between privacy rights, and the legal status of a will in the Indian context.
INHERITANCE LAWS IN INDIA
Inheritance, in Indian culture is a record of the lineage. It is basically the transfer of property, rights & obligations, assets etc from one generation to another of a same family. They are also known as succession laws where the concerned property falls under two heads-
- Ancestral property- Undivided property inherited by a Hindu from his father, father’s father or father’s fathers’ father- 4 generations old.
- Self-acquired property- property that an individual has acquired through his or her own efforts, skills, or resources. Also a property that is a divided share of an ancestral property.
A legal heir is somebody who has the right to inherit property, whether that right arises from a will or other acts of succession. In this aspect, there are two types of succession. They are-
- A will/ testamentary succession- when a person dies without making a will. Then the property of the deceased gets inherited as per Chapter two of The Hindu Succession Act, 1956.
- Intestate succession- when a person dies with a will or a testamentary disposition. Chapter three of The Hindu Succession Act,1956 talks about the Testamentary Succession.
Hindu inheritance laws covers among themselves Hindus, Sikhs, Jains and Buddhists and they are governed under the Hindu succession act of 1956. The beneficiaries under it are divided into various classes based on the relationship they hold with the testator. These are- class I, class II, agnates and cognates.
The inheritance law of Islam does not differentiate between self-acquired and ancestral property. However the laws are different for Shias and Sunnis. The law divides beneficiaries into sharers- husband, a son, a son’s daughter, a parent, a sister, a uterine sister etc and Residuaries- wife, daughter, father’s grandfather, male line grandmothers, consanguine sister, uterine brother, etc. Whatever left after dividing into sharers, passes on and further gets divided among Residuaries.
The Indian Christians and Parsis’ inheritance governs under Indian succession act, 1925 within sections 31 to 49 and 50 to 56 respectively.
RIGHT TO PRIVACY IN INDIA
a definite legal definition of ‘privacy’ is not available but is to be determined by case-to-case basis. Privacy extends to bodily integrity, personal autonomy, confidentiality etc. it enjoys a robust legal framework internationally and also in India.
Though this right has not been directly envisaged by constitution makers and do not finds its mention in part III, the judiciary has deliberated upon this matter and has passed its historic judgements under this regard. The landmark judgement concerning right to privacy is Justice K.S Puttaswamy & Another vs. Union of India and Others, 2017 where the government had devised Adhaar project as a universal identification system to better track disbursement of services provided by it. However, it attracted public scrutiny and eventually both the administrative action as well as the Aadhaar Act were challenged before the Supreme Court for violating the Constitution, including the right to privacy since the project entailed the collection of biometric information of individuals.
The issues presented before the supreme court were-
- Whether the Aadhaar Project created or had the tendency to create a surveillance state and was unconstitutional on this ground;
- Whether the Adhaar act violated the right to privacy ? among others
The Court stated that neither the Aadhaar system nor the Act’s provisions established a surveillance state in response to the question of whether the project produced or had the potential to create one. The UIDAI was purpose blind since it did not obtain the reason for the transaction, its location, or any other relevant information; only “minimal” biometric data was gathered throughout the procedure. Ample security precautions were implemented, and the authentication procedure was protected from the internet, among many other things.
The nine judges unanimously decided that the right to privacy is a basic right protected by articles 14, 19, and 21.
The court further declared that in order for an infringement of rights to be justified, it must satisfy three criteria: (i) legality, which requires the existence of law; (ii) need, which is determined by a legitimate State interest; and (iii) proportionality, which guarantees a rational relationship between the goal and the method used.
Sections 47 and 57, among other rules and provisions, were overturned, nonetheless.
The Court stressed citizens’ right to select Aadhaar without sacrificing advantages while addressing concerns about privacy, dignity, and state surveillance. The Aadhaar data was prohibited from being used by private organisations, reaffirming the essential nature of the right to privacy.
The Supreme Court’s decision to uphold the right to privacy as a basic right was a turning point. Reversing earlier rulings, the Court maintained Aadhaar’s constitutional legality with amendments but limiting its mandatory use. The decision prioritised privacy while acknowledging citizens’ autonomy in selecting Aadhaar. Maintaining a delicate equilibrium between privacy and security, the ruling demonstrated the court’s dedication to defending basic liberties in the era of digitalization.
WHAT IS A WILL AND WHAT IS ITS ROLE
A will is described as a formal declaration of the testator’s intentions regarding his property that he wishes to be carried out after his death under section 2(h) of the Indian Succession Act, 1925.
Important features of a will include:
- A legal declaration is required;
- The statement must relate to the testator’s property
- it will take effect upon the testator’s death; in other words, it must be revocable while the testator is still alive.
The assets of a male family member who passes away without a will belong to their immediate heirs in the amounts specified under their relevant acts. The wishes of the departed might not be met by this. If the departed wishes to leave their property to someone who is not in the line of succession or to someone who is in the line of succession but to certain people in specific amounts, a will is very significant.
IS WILL A PUBLIC DOCUMENT?
A will remains confidential as long as the executor is alive. Upon his death, the will is made available to the public. The issuance of a grant of probate also makes a will publicly available.
Probate is defined as “the copy of a Will certified under the seal of a court of competent jurisdiction with a grant of administration of the testator’s estate” in Section 2 of the Indian Succession Act, 1925.
ARE OTHER FAMILY MEMBERS ENTITLED TO THE CONTENTS OF THE WILL OR DOES A PERSON HAVE THE RIGHT TO PRIVACY WITH RESPECT TO HIS WILL?
The person concerned has the right to privacy over the contents of the will until his death. It is over him with whom he wants and does not want to share it.
The contents of a will typically becomes public after the person passes away, as it goes through the probate period, the statute allows interested parties to access the information under it making it a public document.
Till the time he is alive, he has absolute control over the will and has recognised right to privacy with its regard. But after his demise, the apparent legal heirs have the right to know how succession was made in order to fulfil the wishes of the person concerned. Their right to know prevails over died testator’s right to privacy.
Hence, yes the testator has a right to privacy over the will but only till the time he is alive. This right ceases to exist as soon as he dies. Which means there is no violation of right to privacy of the testator when his will is accessed after his death.
CONCLUSION
Despite not being specifically mentioned in the constitution, India’s rights to privacy have gained a great deal of significance through judicial interpretations. This is best demonstrated by the historic Puttaswamy case, which upheld the basic right to private. At the same time, the Indian Succession Act clarifies a will as an official statement of a testator’s intentions for the disposition of their estate after death. A will is originally kept private but becomes public knowledge after the testator passes away or a writ of probate is granted. The private information contained in the will is protected under this legal structure by the testator’s right to privacy while they are living. But when the testator passes away, this protection changes, revealing the complex relationship between inheritance laws and the right to privacy. The testator has the right to keep their will a secret while they are still living, protecting their private and family choices from unwanted attention. After the testator passes away, the right to privacy progressively gives way to the right of legal heirs to view and carry out the terms of the will. This shift emphasises the fine line that must be drawn between a person’s right to privacy and society’s need to guarantee the equitable transfer of wealth and assets. Equipped with the power granted by probate, the rightful heirs obtain access to the previously confidential document, guaranteeing that the decedent’s wishes are appropriately acknowledged and carried out.
Fundamentally, the progression from the testator’s right to privacy to the heirs’ right to inheritance highlights how dynamic legal concepts are and how they intertwine the complex web of social duties and individual liberties within the framework of Indian succession and will laws.
REFERENCES
Are wills public record? https://www.freewill.com/learn/are-wills-public-record
Constitutional validity of Aadhar Act in Justice K.S. Puttaswamy case
https://blog.ipleaders.in/justice-k-s-puttaswamy-retd-and-anr-vs-union-of-india/#Conclusion
“Law of Wills” For Common Man https://www.livelaw.in/law-firms/law-firm-articles-/law-of-wills-common-man-will-indian-succession-act-codicil-testator-general-clauses-act-execution-registration-act-mitakshra-coparcenary-217504
Rules of Intestate and Testamentary Succession among Hindus https://lawbhoomi.com/rules-of-intestate-and-testamentary-succession-among-hindus/#:~:text=Intestate%20Succession%3A%20Intestate%20means%20when,will%20or%20a%20testamentary%20disposition.
Muslim law inheritance PDF by Sk. Shireen, Principal Junior Civil Judge cum Judicial Magistrate of First Class
https://districts.ecourts.gov.in/sites/default/files/muslim%20law%20of%20inheritance.pdf
CASE: K.S. Puttaswamy and Anr. vs. Union of India ((2017) 10 SCC 1), (Puttaswamy I).