HOW INHERITANCE LAWS WILL CHANGE

Muslim and Parsi daughters still do not have the equal right to inheritance. The UCC may change that. It may also grant the right to children born out of wedlock

SUCCESSION LAWS FOR HINDUS

The Hindu Succession Act, 1956 allows the provision to write a will. In case of a legally accepted will, laws of inheritance don’t apply. In the absence of a will, property can devolve through the law of inheritance

Daughters have right to equal share

as sons in the property

The Act makes a distinction between ancestral property and selfacquired property. Any undivided property that passes to descendants up to four generations of male lineage is called ancestral property. A grandchild has a birthright to ancestral property but has none over selfacquired property of grandparent

Child born of a voidable marriage, out of wedlock is a legitimate heir

The Act doesn’t apply to those married under Special Marriage Act, 1954 unless both spouses are Hindus, Jains, Sikhs or Buddhists. Succession in these cases is governed by the Indian Succession Act, 1925

FOR MUSLIMS

According to Muslim Personal Law (Shariat) Application Act, 1937, a Muslim man may bequeath only one-third of his assets by a will, provided the heirs’ consent is obtained

The spouse and other heirs inherit the remaining estate

An heir cannot inherit the property if he does not pay the debts inherited from the deceased

The share of a female heir is half that of the male heirs

A Muslim woman is entitled to an eighth of the husband’s property’s share if there are kids, else a quarter

Muslim laws don’t recognise children born out of wedlock

The Act doesn’t apply to those married under Special Marriage Act, 1954. Succession in such cases follows Indian Succession Act, 1925

FOR CHRISTIANS

Succession is governed by Indian Succession Act, 1925. It allows a will bequeathing all or part of properties

Share of the children equally distributed among sons and daughters

Christian law does not recognise children born out of wedlock

A Christian wife is entitled to a pre-determined share. If the deceased has left children, his widow receives one-third of the estate, with the rest going to the children. If the heirs are relatives other than the children, she gets half of the estate, and the remainder goes to the other relatives of the deceased. If there are no children or other relatives, she receives the entire property

FOR PARSIS

Succession is governed by the Indian Succession Act, 1925

If a Parsi man dies leaving a wife and children, the share of each son and of the wife shall be double the share of each daughter. If he dies leaving children but no wife, the share of each son shall be double the share of each daughter

However, if a Parsi woman dies leaving her husband and children, each child and husband will receive equal share

If a Parsi man dies leaving one or both parents in addition to children and wife, the father will receive a share equal to half the share of a son and the mother will receive a share equal to half the share of a daughter

If a Parsi woman dies leaving behind one or both parents, along with children and husband, the parent or both the parents shall receive a share equal to half the share of each child