The property rights of women have been a matter of great concern in India, especially in light

of the patriarchal social structure prevalent in the country. Women have historically been
deprived of their rightful share of property, with inheritance laws favouring men over women.
However, with the enactment of various laws, including the Hindu Succession Act of 1956
and subsequent amendments, women's property rights have been strengthened to a great
extent. In this essay, we will examine the property rights of Christian women as per Indian
succession laws.
The Christian community in India is governed by personal laws that vary according to
denomination. The Indian Succession Act, 1925, governs the inheritance and succession of
Christians, and it applies to Christians of all denominations except for the Syrian Christians
of Kerala. The act provides for the distribution of the property of a deceased person among
his/her legal heirs. The legal heirs are classified into two categories- heirs by succession and
heirs by testamentary disposition.1
Heirs by succession are the legal heirs of a deceased person who inherit the property by virtue
of their relationship with the deceased person. They are classified into four categories- Class
I, Class II, Class III and Class IV heirs. Class I heirs include the widow, children, and mother
of the deceased person. Class II heirs include the father, brothers, sisters, and children of
predeceased children. Class III heirs include the father's mother, father's siblings, and their
children. Class IV heirs include the mother's siblings and their children.2
The Hindu Succession Act of 1956, as amended in 2005, brought about a significant change
in the property rights of women. Prior to the amendment, women had limited rights to
ancestral property, and their share in the property was restricted to a lifetime interest.
However, after the amendment, women were granted equal rights to ancestral property, and
their share became that of absolute ownership. The amendment was a landmark development
in the area of women's property rights, and it had a significant impact on the Christian
community as well.
The Indian Succession Act, 1925, was amended in 1991 to include the concept of 'per capita'
distribution of property. Under this system, the property is divided equally among the legal
heirs, irrespective of their gender. This system ensures that women get an equal share of the
property, and it has been instrumental in strengthening women's property rights.3
1
Barriers to Property Rights of Women in India, available at https://www.youthkiawaaz.com/2018/04/barriers-
to-property-rights-of-women-in-india/.
2
Protection of Women from Domestic Violence Act, 2005, available at https://wcd.nic.in/act/protection-women-
domestic-violence-act-2005
3
Gender Inequality in Inheritance Rights in India, available at
https://www.academia.edu/41668925/Gender_Inequality_in_Inheritance_Rights_in_India.
Another significant development in the area of women's property rights is the Protection of
Women from Domestic Violence Act, 2005. The act provides for the protection and
maintenance of women in domestic relationships and includes provisions for the seizure of
property of the abuser. This act has been instrumental in providing relief to women who have
been subjected to domestic violence and has helped in securing their property rights.4
In addition to the laws mentioned above, there are several other laws that protect women's
property rights. The Hindu Marriage Act, 1955, provides for the distribution of property in
case of divorce or separation. The Dowry Prohibition Act, 1961, prohibits the giving or
receiving of dowry and provides for punishment in case of violation. The Maternity Benefit
Act, 1961, provides for maternity leave and other benefits to women employees. These laws
have played a crucial role in strengthening women's property rights and have contributed to
the empowerment of women in India.5
Despite the significant progress made in the area of women's property rights, there are still
several challenges that need to be addressed. One of the major challenges is the lack of
awareness among women regarding their rights. Women are often unaware of the laws that
protect their property rights, and this makes them vulnerable to exploitation. There is a need
for greater awareness campaigns and legal literacy programs to educate women about their
rights.
Another challenge is the persistence of patriarchal attitudes and gender biases that continue to
influence the implementation of laws related to women's property rights. While the laws may
be in place, the attitudes and biases of those enforcing the laws can hinder their effective
implementation. This can be seen in cases where women are denied their rightful share of
property, or where they are forced to settle for less than what they are entitled to. There is a
need for greater sensitization among legal professionals, government officials, and society as
a whole, to ensure that women's property rights are respected and upheld.
Furthermore, there are challenges related to the administration of justice. The slow pace of
the legal system in India can lead to delays in the resolution of property disputes, which can
adversely impact women who are dependent on the property for their livelihood. There is a
need for measures to expedite the resolution of property disputes, including setting up fast-
track courts and alternative dispute resolution mechanisms.

4
Women and Property Inheritance Rights in India: Constraints and Opportunities, available at
https://www.odi.org/sites/odi.org.uk/files/odi-assets/publications-opinion-files/8081.pdf.
5
Empowering Women: Understanding Property Rights and Gender Equality," United Nations Development
Programme, available at https://www.undp.org/content/undp/en/home/librarypage/womens-empowerment/
understanding-property-rights-and-gender-equality.html.
 The property rights of Christian women in India have seen significant improvements in
recent years, thanks to the enactment of various laws and amendments. These changes have
brought about a shift in attitudes towards women's property rights and have helped in
empowering women. However, there is still a long way to go, and there are several
challenges that need to be addressed to ensure that women's property rights are fully
protected and upheld. The effective implementation of laws, greater awareness among
women about their rights, and sensitization of legal professionals and society as a whole, are
some of the measures that can help in achieving this goal.6

APPLICABILITY OF INDIAN SUCCESSION ACT, 1925 TO CHRISTIANS

Neither the ISA, 1865, nor the Act of 1925 was to apply to all Christians in the whole of
India. The adjective “Indian” had to be used since certain rules applicable to Christians
coming from outside India were not to apply to Indian Christian defined under the Act8. As
State Government is empowered to exempt any race, sect or tribe or any part of such race,
sect or tribe from the application of the Act, it notified the exemption of Native Christians in
the province of Coorg, tribals of North-East including Khasis and Jaintias in Khasi Hills and
Jaintia Hills, and Mundas and Orans in Bihar and Orissa. Certain classes of the Roman
Catholic Christians of the Latin rite and certain Protestant Christians living in
Karunagappally, Quilon, Chirayinkil, Trivandrum, Neyyattinkara are also not governed by the
Indian Succession Act 19259.7 Christians in Goa, Daman and Diu are governed by
Portuguese Civil Code, 1867 while those in Pondicherry are governed by customary Hindu
law, ISA, 1925 and French Civil Code, 1804. Thus the analysis with respect to applicability
of law to Indian Christian shows great diversity. It is only when Indian Christians are not
subject to any of the above customary or statutory laws; they are governed by the general
scheme of inheritance laid down under the ISA, 1925. Christian population is scattered all
over India but it comprises of major population of Kerala where it is heterogeneous

6
Women's Property Rights in India: A Review of the Evidence," International Center for Research on Women,
available at https://www.icrw.org/wp-content/uploads/2016/10/Womens-Property-Rights-in-India-A-Reviewof-
the-Evidence.pdf.

7
Dr. Sebastian Champappilly, Christian Law of Succession in India, Southern Law Publishers, Kerala, India ed.
1997
community in matters relating to property rights. In view of majority of Christian population
living in Kerala the applicability of ISA, 1925 to Christians of Kerala has its own
significance.

INHERITANCE RIGHT OF CHRISTIAN WIDOW UNDER THE ACT

Unlike other personal laws, widow of deceased husband under Christian law has been given
the main preference in devolution of property of spouse dying intestate. Property devolves on
others heirs only after share of property is first reserved for her which share varies with the
presence or absence of lineal descendant. Presence of lineal descendants of the spouse dying
intestate decreases her share whereas their absence leads to increase in her share. Though her
share varies with presence of different degree of kindred she is never denied any share.
Christian widow of deceased husband being placed highest in the order of succession tacitly
recognizes her contribution in the accumulation of property by the deceased. 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 Act 8 the amount of share
a widow receives in her husband’s property depends on three possible situations:
1. a)  survival of lineal descendants of deceased i.e., child, children or remoter issues –
surviving spouse takes 1/3 and rest is distributed among the lineal descendants
2. b)  Net value of property less than or greater than Rs 5,000/-- if the net value of the
property does not exceed Rs 5,000/- the whole of his property goes to his widow but
where the net value exceeds the sum of Rs 5,000/- she is entitled to Rs 5,000/- and
charge upon the whole property for Rs 5,000/- with interest at the rate of Rs 4% per
annum from the date of death of husband until payment36.
c) Subject to (b), absence of lineal descendant - widow takes half of the property and the
other half goes to his kindred i.e., father, mother, brother, sister and their issues
d) Absence of kindred – the whole of the property belongs to the widow
(i) 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. 9 Before
passing of IS(A) Act, 2002, the ISA, 1925 recognized pre-nuptial settlement37. ISA, 1925
8
Indian Succession (Amendment) Act, 2002 (IS(A)
9
Barriers to Property Rights of Women in India, available at https://www.youthkiawaaz.com/2018/04/barriers-
to-property-rights-of-women-in-india/.
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
Section. 33A of ISA, 1925
 Explanation to Section S. 32 of ISA, 1925 which read as: “32. Devolution of such
property.-The property of an intestate devolves upon the wife or husband, or upon
those who are of the kindred of the deceased, in the order and according to the rules
hereinafter contained in this Chapter.
Explanation.--A widow is not entitled to the provision hereby made for her if, by a
valid contract made before her marriage, she has been excluded from her distributive
share of her husband’s estate.”10
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, 1994.11 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. The then Law minister, Mr.
Arun Jaitley while defending the proposal for deletion of such a provision, observed that the
object of pre-nuptial agreement was the protection of those Englishmen, who came in large
numbers to India before independence, marry here but made sure that their Indian wives were
not entitled to inheritance to their British properties. Since the provision was made for that
purpose which was no more relevant the Legislature agreed for removal of such provision.
Accordingly the IS(A) Act, 2002 had done way with such explanation under the provision.
After IS(A) Act, 2002 even if a widow has made such an agreement before marriage she will
not be deprived of her share in her husband’s property 12. Since the Act majorly affects
Christian in India such omission of provision which curtailed the rights of Christian women
restores the primacy to the rules of devolution notwithstanding any pre-nuptial agreement
with the husband. It relieves a Christian widow of the bar to succeed distributive share of her

10
Explanation has been omitted by IS(A) Act, 2002)
11
Gender Inequality in Inheritance Rights in India, available at
https://www.academia.edu/41668925/Gender_Inequality_in_Inheritance_Rights_in_India.
12
Inheritance Rights of Women in India," Legal Services India, available at
http://www.legalserviceindia.com/legal/article-2261-inheritance-rights-of-women-in-india.html.
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.

(ii) Rights of widow in presence of lineal descendants of husband

Taking stimulus from Muslim law of succession, the right of widow under the Act in her
husband’s property depends on the presence or absence of the lineal descendants of the
deceased husband. In presence of lineal descendants widow including Christian widow
inherits only one-third estate and the remaining two-third goes to the lineal descendants.
When there is more than one child then the share reserved for widow seems justified, for it
gives her better share but when deceased husband has left behind a widow and only one
child, her share being reduced to one-third appears to be unjustified as the single child gets
the majority share of two-third and the widow is to be satisfied with lesser share of one-third.

Though the Hindu law39 provides for equal distribution of shares among sons, daughters,
their issues, widows and mothers who are placed under Class I it answers such instance by
dividing equal share between widow and the single child in absence of mother and other
children or their issues.

In some common law jurisdiction the anomaly has been rectified and the property is
distributed equally, the Act therefore should be amended to remove this unsatisfactory aspect

of law40. Neither the 110th Law Commission Report nor did the recently submitted 247th
Law Commission Report on ISA, 1925, which though has recommended plethora of changes
in the ISA, 1925, has envisaged such a situation and suggest accordingly. When other English
statute can make changes in their law by providing equal share to both widow and single
child there appears to be no justification for still continuing the primeval law under the Indian
statute.

(iii) Rights of widow in absence of lineal descendants of husband

(a) Where the net value of the property is less than Rs 5,000/- the whole of deceased
husband’s property in absence of lineal descendants goes to his widow. But where the net
value exceeds the sum of Rs 5,000/- she is entitled to Rs 5,000/- and charge upon the whole
property for Rs 5,000/- with interest at the rate of Rs 4% per annum from the date of death of
husband until payment. The net value has to be ascertained by deducting from the gross value
all debts, funeral and administration expenses and all other lawful liabilities and charges to
which the property is subject. This right of surviving spouse is in addition and without
prejudice to her interest and share in the residue of the estate remaining after payment of the
sum of Rs 5,000 with interest, and the residue will be distributed in accordance with the
provisions of the Act as it were the whole of the intestate’s property. 13

Object of placing a condition where certain sum was mandatorily reserved for the widow was
to improve the condition of the widow when estate is small. Further it applies only in case of
total intestacy i.e., will apply only when there is complete failure by lapse of all beneficial
interests under a will with respect to all kinds of property be it movable or immovable. But
even this benefit of minimum guaranteed payment is denied to Indian Christians women, any
child or grandchild of any male person who is or was at the time an Indian Christian and any
Hindu, Buddhist, or Jain, succession to whose property is governed by ISA, 1925. Thus it
applies basically to Europeans domiciled in India, Parsis, Eurasians, Jews, Armenians and
others. When the Act was enforced in the year 1925 it was basically to protect the rights of
widows of Europeans domiciled in India, Eurasians, Jews, Armenians and others. The object
was to guarantee added property rights basically to Christian widows of Europeans domiciled
in India only and not to extend the benefit to Indian Christian widows or Hindus living in
India. For widows falling under such exceptional group she is not to be given additional share
but is to be just allotted half share in absence of lineal descendants of the deceased husband.
14

With the fall of value of rupee the 110 th Report recommended for amendment in the
provision. In its Working Paper it had suggested for increase upto Rs 20,000/- but on further
considerations the Commission was of the view that the amount mentioned of Rs 5,000/- be
increased to Rs 35,000/- and rate of interest be increased from 4% to 9%. The Law
Commission had tried to draw the attention of the Legislature for change.15

13
National Commission for Women, available at https://ncw.nic.in/.

14
Inheritance Rights of Women in India," Legal Services India, available at
http://www.legalserviceindia.com/legal/article-2261-inheritance-rights-of-women-in-india.html.
15
Sabita Banerjee v. Prabir Kumar Banerjee (1995)
INHERITANCE RIGHT OF CHRISTIAN MOTHER UNDER THE ACT

The Indian Succession Act of 1925, which governs the distribution of property upon an
individual's death, discriminates against mothers in comparison to fathers. The act stipulates
that in the absence of lineal descendants, one-half of the property goes to the widow, and the
other half goes to the father if living, and if not, it passes to the mother, siblings, and the issue
of predeceased siblings. However, even if the mother inherits, she must share the property
with her siblings or their issue. In the presence of the father, the mother is entirely excluded
from the inheritance. In contrast, the English law considers both parents equal, even in the
presence of siblings of the intestate. The Hindu law designates the mother as the only
ascendant given the right to inherit as a Class I heir of the male dying intestate. The
importance of the mother in Hindu law is evident from the fact that she is one of the sixteen
Class I heirs, while the other fifteen are the descendants of the deceased. If none of the
sixteen heirs in Class I exists, the property devolves on Class II. 16 The father is placed in
Class II but being the first among the Class II heir to inherit the property. Under Hindu law,
only the mother inherits in the presence of the father in the property of a male dying intestate.
The mother's share varies only with the number of lineal descendants, and she receives the
same share as each child of the deceased. In contrast, the brother/sister is placed in a lower
position than the father among the scheduled Class II heirs and is disentitled in the presence
of the father. Muslim law also gives more importance to the mother than the father. The
Portuguese Code of 1867 also gives both father and mother equal right to the property in the
absence of the deceased's descendants. The presence of the father and mother or either of
them excludes the right of the brother and sister under this Code. The Christian mother's
unfair treatment in the Indian Succession Act must be addressed. The Indian Succession
Amendment Bill of 2004 suggested dividing the property equally between father and mother,
but the bill lapsed.17 The Law Commission of India recently submitted its recommendation
for uplifting the position of Christian mothers. Existing provisions mother’s right of
inheritance under Indian Succession Act are archaic in nature and foster an approach that
solidify distinctions based on gender, thus prejudicial and unfair to status of women and
Christian mother of deceased intestate5 Bringing into light the wrong done to the mother in
devolution of the property, the Law Commission of India has suggested the following:

16
The Indian Succession Act, 1925, s. 456
17
The Indian Succession Act, 1925, s. 464
 1. 1)  After allotment of one-half of the share to widow, mother to take equal share with
father in absence of lineal descendants of the deceased
2. 2)  On death of either of the parents of the deceased, the other parent to succeed the
entire other half left after allotting one-half to the widow.
3. 3)  In absence of father and mother, the one-half share left after allotting other one-
half to widow, to be distributed among brothers and sisters equally
4. 4)  In absence of parents, brothers and sisters, the share to be divided per- stripe
among the children of brothers and sisters of the deceased.
5. 5)  The property when is to be divided between the children of predeceased brother or
pre-deceased sister as distant kindred the property to be divided per stripe rather than
per-capita to bring uniformity with other provision.
With these changes the status of mother would be uplifted and would be given the same
position as being given in other personal laws. Biasness against female would, to an extent,
be removed by promoting mother to be equivalent to father in matters of inheritance. The
unjustness of placing her with deceased’s brothers and sisters would thereby be removed.
These changes would go a long way in bringing consonance with time and in addressing
concerns of Christian and other community governed by Act.18

APPLICABILITY OF SECTION 213 OF THE ACT.

The proviso discusses the legal requirement for Christians, specifically Christian widows, to
obtain probate under the Indian Succession Act (ISA) of 1925. The ISA was amended in 2002
to exempt Christians from this requirement, but prior to that, the Kerala Amendment Act of
1996 had already exempted Christians in Kerala from the requirement for property within the
state. The passage notes that the Law Commission of India had recommended exempting
Christians from the requirement as early as 1985, but it took persistent demands from the
Christian community, Members of Parliament, and other individuals and organizations before
legislative action was taken.19

18
S. K. Sarvaraya, The Indian Succession Act (15 of 1925): With Notes and Commentaries, (Lucknow:
Eastern Book Company, 2015).
19
Kalari Thresslamma v. Kathidukkanamikhal Joseph, (2000) 2 KLJ 807.
It also notes that while the ISA imposes no restrictions on testamentary disposition of
property, Muslim law restricts it to one-third of a person's property to protect the share of a
Muslim widow, and Hindu law guarantees maintenance for widows but not Christian widows
under the ISA. The author suggests that some restrictions on testation similar to those under
Muslim law may be necessary to prevent Christian widows from being left destitute.20

CONCLUSION & FINDINGS

In conclusion, the Indian Succession Act, 1925 is an important legislation that governs the
distribution of property after a person’s death. The Act has undergone several amendments
over the years to address the changing social and legal landscape of the country. While the

20
S. P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits, (New Delhi:
Oxford University Press, 2002).
Act has been successful in achieving its objective of ensuring a fair and just distribution of
property, there are still certain areas that require attention.
One of the major issues with the Act is the lack of protection for widows, especially Christian
widows, who are often left destitute after the death of their husbands. While Muslim law and
Hindu law provide for some form of protection for widows, the ISA, 1925 does not have any
such provisions. Therefore, it is recommended that the government should incorporate similar
restrictions on testation as that prevailing under Muslim law to prevent a widow from being
left destitute.
Another issue with the Act is the requirement of obtaining probate, which was mandatory for
Christians before the Indian Succession (Amendment) Act, 2002. The process of obtaining
probate is often tedious and costly, which creates an additional burden for individuals,
especially women who are economically weaker. The IS(A) Act, 2002 exempted Christians
from the purview of Section 213 of ISA, 1925, which has brought great relief to Christian
women. However, there is a need to streamline the probate process further to make it more
efficient and cost-effective.
The Act also needs to be revised to address the issues faced by the LGBTQ+ community. The
Act does not recognize same-sex relationships, which means that partners in such
relationships are not entitled to any share of the deceased partner’s property. Therefore, it is
recommended that the government should consider amending the Act to include provisions
that recognize same-sex relationships and provide for the distribution of property in such
cases.
Another area that requires attention is the lack of awareness among the general public about
the provisions of the Act. Most people are unaware of the legal requirements and procedures
that need to be followed in order to distribute property after a person’s death. Therefore, it is
recommended that the government should take proactive steps to raise awareness among the
general public about the provisions of the Act and the procedures that need to be followed.
Overall, the Indian Succession Act, 1925 is a comprehensive legislation that addresses the
legal requirements for the distribution of property after a person’s death. However, there are
still certain areas that require attention, such as the lack of protection for widows, the need for
streamlining the probate process, and the lack of recognition of same-sex relationships. The
government should take proactive steps to address these issues and ensure that the Act is able
to achieve its objective of ensuring a fair and just distribution of property after a person’s
death