All You Need To Know About Property Rights Of Christians In India

Property rights of Christians in India is governed by the Indian Succession Act, 1925. About 28 million people in India follow this faith, which is just 2.3 per cent of the country's population. Earlier, Christians in Kerala Travancore followed a set of their own rules while Cochin Christians had their own rules. The Christians in Pondicherry took to the French rules while those in parts of Goa, Daman and Diu followed the rules set by the Portuguese. These were later repealed and the Indian Succession Act, 1925 is binding on all. However, some Christians still follow their customary laws.

Here are some facts to take note of:

On equal footing

The Christian law of inheritance and succession is the same for men and women. A person's property is treated as self-acquired despite the mode of acquisition and during one's lifetime, nobody else can contest for it.

Contracts that prohibit

A widow cannot succeed to the property of an intestate (someone who has died without a will) if a valid contract, made before her marriage prohibits her from succeeding to a share in her husband's property. In normal cases, the property of a deceased devolves upon the wife/husband or upon the kindred.

Mode of succession 

When the deceased leaves behind a widow and children, one-third of the property shall go to the widow and two-thirds to be distributed among his legal heirs.

If the deceased has no children or grandchildren but a widow who survives him, one-half of his property shall belong to the widow and another half is for his kindred. If there is no kindred and no children or grandchildren, the entire property shall be given to the widow.

If a deceased's wife is already pre-deceased but survived by children, or grandchildren through pre-deceased children, then the property is divided equally among them.

Father comes first

Among the other blood relatives, if the father of the deceased individual is alive, then all the property will go to the father. If the father of the deceased individual is not alive but the mother is, the entire property will go to her only when other blood relatives including siblings, nieces and nephews are also not alive. If the father of the deceased individual is not alive but the mother is, and there are other blood relatives such as brothers, sisters, nieces and nephews, then all such blood relatives, including the mother share equally in the property.

Share of the first and second wives

A Christian man can legally marry a second time only upon the death of the first wife or after legally divorcing her. If he has a second wife while his first wife is still living or is not divorced, the second wife or children borne of her will have no right on the man's property. Otherwise, only the first wife and her children have the full right over it.

Do note that the children of a legally divorced wife have an equal share over their father's property as that of a second wife and her children.

Not just property

Moveable assets of a deceased person are also divided as mentioned above. These include deposits in the bank, furniture, jewellery, vessels etc.

Share the liability

If a deceased individual has a liability, say debts, it is shared in the same ratio as the assets that move on to his heirs.

About adopted children

Unlike the Hindu law, Christianity does not legally accept adoption and therefore someone who adopts a child is just their guardian and not a parent. The adopted child does not have any legal succession rights on a guardian's property.