This article has been written by Ms. Anju, a 2nd year student at Lloyd Law College, Greater Noida.
Introduction: This article discusses privileges of a widow on her late spouse’s property under Christian Regulation. Christian comprise the third significant populace in India after Hindu and Muslim yet at the same time has been not ready to go about as powerful gathering either socially or politically to draw adequate consideration of the Council to their concerns in private regulation especially in field of progression. In India, women’s property rights have developed over time. Generally, such freedoms have forever been manipulative. The Indian Progression Act, 1925 accommodates the legacy regulations for any remaining religions, including Christians. The standards for progression among the Christians has been classified under the Indian Progression Act, 1925, while then again standard practices likewise impact the standards of legacy. Certain standard practices likewise impact the standards of legacy in the event of Christians and have additionally been viewed as by the courts in India.
The Indian Succession Act of 1925 established the guidelines for Christian succession. Kochin Christian Progression Act, 1921 and the Travancore Christian Progression Act, 1916 were revoked and presently the Christians following general plan of legacy under Indian Progression Act, 1925. Christians in the State of Goa and the Union Territories of Daman and Diu are governed by Portuguese Civil Court 1867, while those in Pondicherry governed by French Civil Court 1804, Customary Hindu Law or Indian Succession Act. While on the other hand. Customary practices also have an influence on the principles of inheritance, protestant and Tamil Christians (Living in certain talukas) are still governed by their respective customary laws.
This Act recognizes three types of heirs for Christians: –
- Spouse
- Lineal Descendants means, “A Descendant born out of a lawful marriage”.
- Kindred means, relations by blood through a lawful marriage.
THE CONCEPT OF SUCCESSION:
Section 2(d) (6) of the Act defines “Indian Christian” means, a native of India who is or in good faith claims to be, of unmixed Asiatic Descent and who professes any form of the Christian Religion. The religion of the deceased determines the Succession to his estate. Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired and may devolve in two ways.
(i) By Testamentary Succession i.e., when the deceased has left a will bequeathing his property to specific heirs.
(ii) By Intestate Succession, when the deceased has not left a will whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve.
Property Rights to Christian Widow in Travancore and Cochin: Under Travancore Christian Succession Act, 1916 if a man died without making a will, all his property went to his sons, to the exclusion of his daughters. A Christian widow had only an alienable life-estate in her half share of the immovable property of her deceased husband and mother also had only life interest in the property. Widow did not even have the right to represent the estate of her husband. Further the life estate that a Christian widow took in her husband’s property was terminable by her death or remarriage . Even if such right was terminable at death or remarriage it did not in any way curtail her right of claiming a share and having a separate allotment of the properties and enjoying them. She reserved no privilege to distance the property thusly in spite of the fact that it was opened to her to move her life interest . Such transaction of which right likewise reached a conclusion with her passing or remarriage and the child who had the personal stake in such property reserved the privilege to save such life interest estrangement by mother in somewhere around 3 years of accomplishing larger part under Article 44 of the Limit Act.
Inheritance Right of Christian Widow under ISA, 1925:
Not at all like other individual regulations, widow of expired husband under Christian regulation has been given the fundamental inclination in devolution of property of companion kicking the bucket intestate. Property decays on others main beneficiaries solely after portion of property is first saved for her what offer fluctuates with the presence or nonattendance of lineal relative. In the absence of lineal descendants, the spouse’s share increases, while the spouse’s share decreases if they are present. However, her portion shifts with presence of various level of fellow she is never denied any offer. Christian widow of perished spouse being submitted most elevated in the request of progression implicitly perceives her commitment in the aggregation of property by the departed. Before the Indian Succession (Amendment) Act, 2002 widow’s right to inheritance depended whether there was any pre-nuptial agreement with her husband but after the Indian Succession (Amendment) Act, 2002 IS (A) Act, 2002) the amount of share a widow receives in her husband’s property depends on three possible situations: – survival of lineal descendants of deceased, absence of lineal descendant, absence of kindred – the whole of the property belongs to the widow.
- Rights of widow under Pre-Nuptial Settlement- The pace of Legislature in recognizing the injustice met to Christian women though has been slow but at times the Legislature has taken initiatives to remove such injustices. Before passing of IS (A) Act, 2002, the ISA, 1925 recognized pre-nuptial settlement36. ISA, 1925 following the English doctrine of pre-nuptial settlement, for the first time in the history of India had introduced the concept of pre-nuptial agreement for persons governed by the Act which also includes Christian women. Such an ante-nuptial agreement between husband and wife excluded the widow from claiming her share in the estate of her husband if he died intestate. Widow was disentitled from inheritance in her husband’s property by such pre-nuptial contract. Such provision rendered her destitute at the time when she became a widow so the need was to remove such a provision. The issue was brought under Indian Succession (Amendment) Bill, 1994. It proposed for deletion of pre-nuptial agreement provision from the statute as it was against the interest of a widow. Though the 1994 Bill lapsed it was again brought before the Legislature by Indian Succession (Amendment) Bill, 2001. It relieves a Christian widow of the bar to succeed distributive share of her husband’s estate even if there was a valid contract made to that effect before her marriage. This act of Legislature is a welcome step in the direction of strengthening the Christian widow’s right in property and doing away with the discrimination against the Christian widows.
- Rights of widow in presence of lineal descendants- In presence of lineal relatives widow including Christian widow acquires only 33% home and the leftover two-third goes to the lineal relatives. At the point when there is more than one youngster then the offer saved for widow appears to be legitimate, for it gives her better offer however when expired spouse has abandoned a widow and just a single kid, her portion being decreased to 33% gives off an impression of being outlandish as the single kid gets the larger part portion of two-third and the widow is to be happy with lesser portion of 33%.
- (a) If the property’s net value is less than Rs. 5,000, the widow receives the entire deceased husband’s estate in the absence of lineal heirs. However, if the total value of the property is greater than Rs 5,000, she is entitled to Rs 5,000 and must place a charge of Rs 5,000 on the entire property, accruing interest at 4% per year from the date of the husband’s death until the property is paid in full. The net worth must be learned by deducting from the gross worth all obligations, memorial service and organization costs and any remaining legitimate liabilities and charges to which the property is subject. This right of enduring mate is likewise and without bias to her advantage and offer in the buildup of the domain staying after installment of the amount of Rs 5,000 with interest, and the buildup will be disseminated as per the arrangements of the Go about so to speak the entire of the intestate’s property.
(b) Dependent upon the condition talked about above assuming spouse has left no lineal relatives i.e., kid, youngsters or remote issue of such kid however has left people who are fellow to him viz., father, mother, sibling, sister or their issue then the widow’s portion is one portion of the domain and staying one-half goes to the dad of the departed if alive or, bombing him, to the mother or the family. The departed’s dad, mother, family acquire just when there are no lineal relatives enduring him/her. When aside from widow the issues of siblings or sisters are available and none else, that being said widow is qualified for a portion of the property and staying half goes to those far off fellow. She loses her entitlement to acquire just when she gets remarried before property decays on her in the limit of bereft girl in-regulation. The requirement for change of regulation is far more noteworthy as ISA, 1925 is additionally material to progression of people who solemnize their marriage under SMA.
(c) When none of the distant relatives, including the great grandfather’s father or great grandson, great uncle or brother’s grandson, second cousin, or grandson of cousin german, are present, the widow is entitled to the entire property. The total privileges of the widow over property of perished spouse are in this manner relied upon the presence or nonattendance of any fellow referenced in the Timetable of the Demonstration. Presence of any fellow under the timetable decreases her portion to half and the other half is held for that far off fellow of the departed. Property is saved for that far off fellow of the departed whom the departed might not have even met during his lifetime. It does not appear to be justifiable for the widow’s share to be dependent on the presence or absence of distant relatives or for property to be reserved for distant relatives whom the deceased may not have even met during his lifetime in a time when the size of the family is shrinking day by day. ISA, 1925 sets down uniform principles of progression for the two guys and females and doesn’t separate beneficiaries based on sex.males and females and does not discriminate heirs on the basis of sex.
CONCLUSION:
ISA, 1925 being the law of land in respect to intestate and testamentary succession needs to change with change in time and society. Continuing with certain discriminatory archaic provisions goes against the tenets of Constitution. Women’s right to inheritance plays a vital role in the socioeconomic and political empowerment but unfortunately they are often given unequal right to inheritance due to deep-rooted patriarchal system. Condition of women could further be improved by giving her equal inheritance rights in the property. Amendment of ISA, 1925 by removal of gender discriminatory provisions would go a long way in positively affecting women’s status particularly Christian women as they make the major community governed by the Act
REFERENCES:
https://www.linkedin.com/pulse/succession-under-christian-laws-apurva-agarwal/
https://www.proptiger.com/guide/post/all-you-need-to-know-about-property-rights-of-christians-in-india
https://www.researchgate.net/publication/291349382_Breaking_Silence_-_Christian_Women’s_Inheritance_Rights_Under_Indian_Succession_Act_1925
Under Section 24 of Travancore Christian Succession Act, 1916, a widow who became entitled over any immovable property under Section 16 or 17 had only a life interest. On the termination of such life interest, the property was to be distributed among the heirs of the original intestate as if the holder of the life – estate had not survived him.
Neelakanta Pillai v. Abraham 1963 KLT 271
Sebastian George v. Narayan Pillai 1962 KLT 649
Joseph v Jeseph Annamma,1979 KLT 322
“Women’s right of Inheritance” Study report of National Commission on the Status of Women available at www.ncsw.gov.pk/prod_images/pub/Right_of_Inheritence.pdfviewed on 23/12/2014