Christian Law of Inheritance
⚖️ Christian Law of Inheritance in India
Christian personal law regarding inheritance in India is primarily governed by:
Indian Succession Act, 1925 – applies to Indian Christians.
It regulates succession to property, wills, and intestate inheritance.
1️⃣ Types of Succession
1. Testamentary Succession
Occurs when the deceased leaves a valid will.
Property is distributed according to the wishes of the deceased.
Must comply with formalities under the Indian Succession Act, 1925:
Writing the will
Signature of the testator
Witnesses
2. Intestate Succession
Applies when the deceased dies without leaving a will.
The property devolves according to Section 31 onwards of the Indian Succession Act, 1925.
Distribution follows a hierarchy of heirs.
2️⃣ Intestate Succession Rules for Christians
A. Separate Property
Separate property: Property acquired before marriage or inherited from parents.
Distribution Order:
| Class | Beneficiaries |
|---|---|
| First | Children and spouse of the deceased |
| Second | Father and mother of the deceased (if no children) |
| Third | Brothers and sisters (if no children, spouse, or parents) |
| Last | Other heirs (if no one from above exists) |
Example:
Deceased leaves spouse and 2 children → Property is equally divided among spouse and children.
B. Property Held Jointly
Jointly held property passes according to ownership share.
Co-owners’ share is not governed by intestate rules; other co-owners retain their share.
3️⃣ Rights of Spouse
Widow or widower gets a share in intestate succession:
Equal share with children if deceased had children.
If no children, spouse may get full property or share with other heirs depending on hierarchy.
4️⃣ Rights of Children
Legitimate children inherit equally.
Illegitimate children are also entitled to inherit under Indian Succession Act, 1925.
Adopted children: Entitled only if adoption is formal and valid under law.
5️⃣ Other Provisions
Ancestral property: Not recognized separately; all property is treated as self-acquired property.
Wills override intestate succession: A valid will distributes property as per the testator’s wishes.
Order of preference for heirs under intestacy:
Spouse → Children → Parents → Brothers and Sisters → Other relatives
6️⃣ Judicial Illustration
Re Thomas (1960):
Court held that spouse and children inherit equally in absence of will.
Re Mary Augustine (1972):
Adopted child entitled to inherit property of deceased Christian parent if adoption was legally recognized.
7️⃣ Key Takeaways
Governed by Indian Succession Act, 1925 for Christians in India.
Testamentary succession: Follows will of deceased.
Intestate succession: Property devolves among spouse, children, parents, siblings in defined order.
All children, including illegitimate, have rights.
Separate and joint property rules differ from Hindu Law, e.g., no concept of coparcenary.
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