Title: What Are The Property Rights Of Christians In India?
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Christians in India?
What Are The Property Rights Of Christians In
India?
Feb 2018
In Green Homes
The property rights of Christians in India are
governed by India Succession Act, 1925. Over 28
million people in India follow the faith which is
only 2.3 of the complete population of India.
Previously, Christians in Kerala Travancore
followed a specific set of their own rules while
Christians in Pondicherry took the French rules.
The Christians in Cochin had their own rules
while those in various parts of Daman and Diu and
Goa followed the Portuguese rules. Later, these
were repealed and Indian Succession Act 1925 is
binding to all. However, some of the Christians
still follow their own customary laws.
Here are some of the facts that one should take
note of
On equal footing The Christian law of succession
and inheritance is similar to men and women. The
property of a person is treated as the
self-acquired irrespective the mode of
acquisition during one person's lifetime, none
can contest for it. Mode of succession
When the deceased leaves behind a widow and a
child, one-third of the complete property shall
go to the widow and the two-thirds to be divided
among the legal heirs. If deceased has no child
or grandchildren but the widow survives him,
one-half of property shall basically belong to
the widow and another half of the property shall
belong to the widow and the other half for the
kindred. If there are no kindred as well as no
children or the grandchildren, the complete
property shall be provided to the window. Also,
if the deceased's wife is pre-deceased but
survived by children and grand-children through
pre-deceased children, then the property is
divided equally among these. Share liability If
the deceased individuals have liability, say
debts, it is shared in a similar ratio as the
assets that move on to the heirs. About adopted
children Unlike the Hindu law, Christianity
doesn't legally accept the adoption and thus
someone who adopts the ids is just the guardian
and not the parent. The child that is adopted
doesn't have any legal succession rights on the
property of the guardian. Contracts that
prohibit A widow can't succeed to the property of
the intestate (someone who has died without a
will) if the valid contract, made before the
marriage prohibits from succeeding the share in
the husband's property. In the normal cases, the
property of the deceased devolves upon the
husband/wife or upon the kindred.
2Share of first and second wives
A Christian man can Legally marry for the second
time only after LegaLLy divorcing his wife or the
death of the first wife. If he has the second
wife without divorcing the first one while she is
alive, the second wife or the children borne of
her will certainly have no legal right to the
property of the man. Otherwise, only the first
wife and the kids will have the complete right to
the property. One should note here that the
children of legally divorced wife do have an
equal share over the property of the father as
that of the second wife and her kids. Father
comes first Among various other blood relatives,
if the father of deceased individual is alive,
then the complete property will go to the father.
If the father of deceased individual is not alive
but the mother is, the complete property will go
to her only if the other blood relatives include
the siblings, nephews, nieces are not alive. If
the father is not alive of the deceased
individual but the mother is, there are other
blood relatives like brothers, sisters, nephews,
and nieces, then all the blood relatives include
the mother share property completely. Not just
the property Furthermore, assets of the deceased
person are divided as mentioned above. This
includes deposits in the bank, jewelry,
furniture, vesseLs, etc.
n g
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