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Everything You Need to Know About Section 57 of the Indian Succession Act
Property

Everything You Need to Know About Section 57 of the Indian Succession Act

Introduction

When it comes to the distribution of assets after death, the legal frameworks governing Wills and their execution play a vital role. In India, the Indian Succession Act, 1925, outlines the rules and regulations surrounding the making, execution, and applicability of Wills. One of the most critical provisions under this Act is Section 57, which specifically deals with the applicability of certain provisions related to Wills for individuals of specific religions and regions. Understanding Section 57 can help clarify whether the provisions of a Will are legally enforceable and applicable to your situation.

In this comprehensive guide, we will delve deep into Section 57 of the Indian Succession Act, its purpose, applicability, eligibility criteria for making Wills, and related legal aspects.

Introduction to Section 57 of the Indian Succession Act

Section 57 of the Indian Succession Act pertains to the applicability of specific provisions related to Wills and codicils for individuals belonging to certain religions. It addresses the conditions under which a Will can be deemed valid and the geographical territories where the Act's provisions apply.

This section becomes relevant when a deceased individual has left behind a Will, and questions arise regarding its applicability based on the religion of the testator and the location of the property or the making of the Will.

Key Concepts Related to Section 57

Before diving into the details of Section 57, it’s essential to understand some foundational concepts:

  1. Wills: A Will is a legal declaration by which a person, known as the testator, specifies how their property should be distributed after their death. In India, there is no set format for a Will, and it can be written on plain paper, provided it meets legal requirements.

  2. Probate: Probate refers to the legal process of validating a Will in a court of law. Once the Will is validated, the executor is granted authority to execute it according to its provisions.

  3. Testamentary Succession: Testamentary succession refers to the distribution of assets according to a Will or a codicil (an amendment or addition to a Will).

Applicability of Section 57: Who Can Make a Will?

Section 57 clarifies the applicability of the Indian Succession Act to certain categories of people and circumstances:

  1. Religious Applicability:

    1. The provisions apply to Wills made by Hindus, Buddhists, Jains, and Sikhs.

    2. However, it does not apply to property transfers made by Mohammedans (Muslims), as they are governed by their personal laws.

  2. Geographical Applicability:

    • Wills made within the territories governed by the Lieutenant Governor of Bengal and within the jurisdiction of the High Courts of Bombay and Madras.

    • Wills made outside India, provided they pertain to property situated in the territories mentioned above.

  3. Temporal Applicability:

    • Wills made by Hindus, Buddhists, Jains, and Sikhs on or after January 1, 1927.

Eligibility Criteria for Making a Will

To make a legally valid Will under Section 57, the following criteria must be met:

  1. Sound Mind: The testator must be of sound mind at the time of making the Will, fully understanding the implications of their decisions.

  2. Legal Age: The testator must be at least 18 years old.

  3. Free Consent: The Will must be made voluntarily, without any coercion, undue influence, fraud, or misrepresentation.

Criteria Under Which a Will Can Be Held Invalid

  1. Incapacity: If the testator was under the influence of intoxicants, suffering from severe illness, or mentally incapacitated at the time of making the Will.

  2. Lack of Free Consent: If the Will was made under duress, coercion, fraud, or undue influence.

  3. Improper Execution: If the Will does not meet the legal formalities, such as signatures of the testator and witnesses.

Essential Elements of a Valid Will

  1. Testator Details: The Will must clearly identify the testator.

  2. Intent of the Testator: The intention to distribute property as per the Will should be explicit and unambiguous.

  3. Details of Assets: The Will should list all assets, both movable and immovable.

  4. Beneficiaries: Names of all individuals or entities set to inherit assets must be included.

  5. Executor: An executor should be appointed to carry out the testator’s wishes.

  6. Signatures: The Will must be signed by the testator in the presence of at least two witnesses, who must also sign the document.

Types of Wills Recognized Under the Indian Succession Act

  1. Unprivileged Wills: Made by individuals not in military service, mariners, or expeditions.

  2. Privileged Wills: Made by soldiers, mariners, or individuals engaged in expeditions or warfare.

  3. Mutual Wills: Created by two individuals (often spouses) to benefit each other.

  4. Duplicate Wills: Multiple copies made to ensure safekeeping.

  5. Joint Wills: Signed by two or more people with a mutual agreement.

  6. Contingent Wills: Valid only upon the occurrence of a specific event.

  7. Concurrent Wills: Separate Wills dealing with different types of property.

  8. Sham Wills: Made under fraudulent circumstances.

  9. Holograph Wills: Entirely handwritten by the testator.

Relationship Between Section 57 and Section 213 of the Indian Succession Act

While Section 57 deals with the applicability of Wills, Section 213 focuses on the necessity of probate for certain Wills.

  1. Purpose of Section 213:

    1. Ensures that the executor has legal authority to manage and distribute the deceased’s property.

    2. Protects the rights of legal heirs and beneficiaries.

    3. Prevents unauthorized transactions related to the deceased’s property.

  2. Scope of Section 213:

    1. Applies to immovable property.

    2. Transactions made without probate can be declared void.

    3. Provides a legal safeguard by mandating judicial scrutiny of Wills.

Practical Implications of Section 57

  1. Ensuring Validity: If you belong to the Hindu, Sikh, Buddhist, or Jain communities and your Will pertains to property in the specified regions, Section 57 applies to you.

  2. Legal Safeguards: Even if the Will is valid, ensuring compliance with Section 213 through probate helps prevent legal disputes.

  3. Regional Considerations: Ensure that your Will adheres to the specific territorial conditions outlined in Section 57.

Conclusion

Section 57 of the Indian Succession Act plays a pivotal role in determining the applicability of Wills for certain religious communities and regions. By understanding its provisions, individuals can ensure their Wills are legally sound and enforceable. Additionally, understanding how Section 57 works in conjunction with Section 213 ensures that the property distribution process is smooth, lawful, and free from disputes.

Creating a legally valid Will is essential for safeguarding your assets and ensuring they are distributed according to your wishes.

By understanding the nuances of Section 57 of the Indian Succession Act, you can ensure that your Will is legally sound and that your assets are distributed as per your wishes. For personalized assistance, consult legal experts who can help draft a Will tailored to your needs and compliant with the law.
Law Of Intestacy Succession Laws In India
Muslim Law

Law Of Intestacy Succession Laws In India

When someone passes away without leaving behind a valid will or testament, their estate is distributed according to the laws of intestacy succession. In India, these laws govern how a deceased person's property and assets are distributed among their legal heirs. Let's delve deeper into the intricacies of the Law of Intestacy Succession in India to understand its implications and provisions.

What is Intestacy Succession?

Intestacy succession refers to the legal process of distributing a deceased person's assets when they haven't left behind a will or testament. In such cases, the law steps in to determine how the assets will be distributed among the deceased's legal heirs.

Applicability of Intestacy Succession Laws in India

The rules governing intestacy succession in India vary based on the religious beliefs of the deceased. The Hindu Succession Act, 1956, governs the intestate succession of Hindus, Buddhists, Jains, and Sikhs, while Muslims are subject to the Muslim Personal Law (Shariat) Application Act, 1937. Christians are governed by the Indian Succession Act, 1925, and Parsis by the Parsi Succession Act, 1865.

Hierarchy of Heirs

The hierarchy of heirs differs depending on the personal law applicable to the deceased. However, there are some common principles across various personal laws. In general, the hierarchy of heirs typically includes the spouse, children, parents, and other relatives.

Distribution of Assets

The distribution of assets among legal heirs is determined by the personal law applicable to the deceased. For example:

  • Hindu Succession Act: In the case of Hindus, Buddhists, Jains, and Sikhs, if the deceased has left behind a spouse and children, the assets are divided equally among them. If there is no surviving spouse, the children inherit equally. If there are no children, the parents become the heirs. In the absence of parents, the siblings inherit the property.

  • Muslim Personal Law: Under Muslim law, the distribution of assets among legal heirs is governed by the principles of Sharia. A certain portion of the deceased's assets, known as the 'Faraid', is distributed among predetermined heirs, including spouse, children, parents, and other relatives.

  • Indian Succession Act: In cases governed by the Indian Succession Act, the distribution of assets among legal heirs follows a set pattern defined by the law. The spouse and children are given priority, followed by parents, siblings, and other relatives.

Challenges and Disputes

Intestacy succession can sometimes lead to disputes among legal heirs, especially in cases where the deceased's intentions are unclear or when there are complexities in the family structure. Disputes may arise over the interpretation of personal laws, the identification of legal heirs, or the valuation and distribution of assets.

Importance of Making a Will

To avoid the complexities and uncertainties associated with intestacy succession, it is advisable for individuals to make a valid will or testament during their lifetime. A will allows individuals to specify how they want their assets to be distributed after their death, ensuring that their wishes are fulfilled and minimizing the chances of disputes among heirs.

Legal Assistance and Documentation

Making a will requires careful consideration and legal assistance to ensure its validity and effectiveness. Individuals should seek the guidance of legal experts or professionals specializing in estate planning to draft a comprehensive and legally binding will that accurately reflects their wishes.

Conclusion

The Law of Intestacy Succession in India governs the distribution of assets and property when a person dies without leaving behind a valid will. Understanding the provisions of intestacy laws is crucial for individuals to ensure that their assets are distributed according to their wishes and to minimize the chances of disputes among legal heirs. However, making a will remains the most effective way for individuals to exercise control over the distribution of their assets and provide clarity to their loved ones regarding their intentions. By seeking legal assistance and documenting their wishes properly, individuals can ensure that their estate is handled according to their preferences, thus providing peace of mind for themselves and their heirs.
Wife's Property Rights After Husband's Death
Property

Wife's Property Rights After Husband's Death

Understanding Property Rights of a Wife After Her Husband's Death: Is She the Legal Heir of Her Husband's Property in India?

In India, the rights of a wife over her husband's property after his demise are governed by various laws, traditions, and cultural norms. Navigating through these can often be complex and overwhelming. This article aims to shed light on the property rights of a wife after her husband's death in India, addressing common questions and providing clarity on legal provisions.

Introduction to Property Rights of a Wife

In Indian society, the institution of marriage carries with it certain legal and social obligations, including property rights. These rights are crucial, especially in the event of the husband's demise, to ensure the financial security and well-being of the wife and any dependents.

Legal Framework Governing Property Rights

The property rights of a wife after her husband's death are primarily governed by two key legislations in India:

  1. The Hindu Succession Act, 1956: This act applies to Hindus, Buddhists, Jains, and Sikhs. It governs the distribution of property in case of intestate succession, i.e., when the deceased has not left a valid will.

  2. The Indian Succession Act, 1925: This act applies to Christians, Parsis, and individuals of other religions not covered under the Hindu Succession Act. It regulates the succession and inheritance of property among these communities.

Property Rights Under Hindu Succession Act

According to the Hindu Succession Act, the property of a Hindu male dying intestate (without a will) is distributed among his legal heirs, including his wife, children, and other relatives. The wife is considered a Class I heir and has an equal right with the children to inherit her husband's property.

In the absence of children, the wife inherits the entire property of her husband. If there are children, the wife shares the property equally with them. However, if the husband has any self-acquired property, the wife's share might be limited to a specified portion, depending on various factors.

Property Rights Under Indian Succession Act

Under the Indian Succession Act, the wife is entitled to a share in her husband's property, regardless of whether he has left a will or not. The share of the wife depends on various factors such as the presence of other legal heirs, the nature of the property, and any specific provisions mentioned in the will.

Challenges Faced by Widows in Claiming Property Rights

Despite the legal provisions, widows in India often face challenges in claiming their rightful share of their husband's property. Cultural norms, patriarchal attitudes, and lack of awareness about legal rights contribute to the difficulties encountered by widows in asserting their property rights.

Steps to Secure Property Rights

To secure her property rights after her husband's death, a wife can take the following steps:

  1. Understanding Legal Provisions: It is essential for wives to educate themselves about their legal rights under relevant laws governing property inheritance.

  2. Seeking Legal Assistance: Consulting a legal expert or a lawyer specializing in family law can provide valuable guidance and assistance in navigating the legal process.

  3. Documentation and Record-keeping: Maintaining proper documentation, including marriage certificates, property deeds, and other relevant records, can strengthen the wife's claim to her husband's property.

  4. Mediation and Dispute Resolution: In case of disputes among legal heirs, exploring options for mediation and amicable settlement can help avoid lengthy legal battles and ensure a fair distribution of property.

  5. Creating a Will: Both spouses can consider creating a will outlining their wishes regarding the distribution of their assets after their demise. This can provide clarity and prevent potential conflicts among legal heirs.

Conclusion

The property rights of a wife after her husband's death in India are governed by various legal provisions aimed at ensuring fair and equitable distribution of assets. However, cultural norms, societal attitudes, and lack of awareness often pose challenges for widows in asserting their rights. By understanding the legal framework, seeking appropriate guidance from property lawyers, and taking proactive steps, wives can secure their rightful share of their husband's property, thereby ensuring financial security and stability for themselves and their families.

SUPREME COURT JUDGMENTS ON ANCESTRAL PROPERTY
Property

SUPREME COURT JUDGMENTS ON ANCESTRAL PROPERTY

The Supreme Court in recent years has always taken a gender-neutral stand when it came to division of property between daughters and sons. The judiciary continues to take progressive steps towards making succession law more women friendly. In its 11 August 2020 landmark judgment in Vineeta Sharma v Rakesh Sharma, a three-judge bench of the Supreme Court held that daughters and sons have equal coparcenary rights in a Hindu undivided family (HUF). In its decision, the Supreme Court clarified two points:

  • coparcenary rights are acquired by daughters on their birth; and

  • fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.

Supreme Court Judgment on Parents’ Property

The 2005 amendment conferred equal status on both sons and daughters of coparceners. Prior to the 2005 amendment, coparcenary rights were granted only to male descendants (ie, sons) of coparceners. However, while the 2005 amendment sought to grant equal rights to sons and daughters, the wording gave rise to various lacunae, which led the Supreme Court to issue contradictory rulings on this issue.

Until the Vineeta Sharma judgment, equal status was granted only to daughters whose fathers  were alive when the amendment came into force on 9 September 2005. The Supreme Court upheld this view in 2015. However, in 2018 the Supreme Court issued a contradictory ruling in Danamma v Amar, granting two daughters of a coparcener rights in their father's property even though he had passed away in 2001.

According to the decision in Vineeta Sharma, equal rights conferred on daughters of coparceners by the 2005 amendment apply from birth, irrespective of when their father dies. The Supreme Court has clarified that the 2005 amendment applies retrospectively and not only in cases where the father was alive on the date on which the 2005 amendment took effect.

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Supreme Court Judgments On Ancestral Property

The decision of Vineeta Sharma has important implications for division of ancestral property. This ruling applies subject to the condition that the ancestral property should not have been partitioned by the father before 20 December 2004. As long as the property remained ancestral property and was not partitioned as of this date, a daughter can now claim an interest therein.

As per Hindu Law, a person automatically acquires the right to his or her share in the ancestral property at the time of their birth. An ancestral property is the one which is inherited up to four generations of male lineage. A property is regarded ancestral under two conditions - if it is inherited by the father from his father, that is the grandfather after his death; or inherited from the grandfather who partitioned the property during his lifetime. In case, the father acquired the property from grandfather as a gift, it will not be regarded as an ancestral property.

A son can claim his share in an ancestral property even during the lifetime of his father. In any case, the applicant seeking his share in the property must prove his succession. However, the act does not count a stepson (the son of the other parent with another partner, deceased or otherwise) among the Class I heirs.

The court, in some cases, allows a stepson to inherit the father’s property. For instance, in a case addressed by the Bombay High Court, the applicant was the son of a deceased Hindu woman’s issue with her first husband. The woman acquired the property from her second husband who did not have any legal heir except his wife. The court upheld the stepson’s claim and declared that after the woman’s death, her son - the stepson of the second husband - could claim his succession over the property. This decision was made when the nephews and grand-nephews of the deceased second husband claimed title to the property.

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Supreme Court Judgments On Father's Property

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. But in certain situations, a son may not receive his share in his father’s property. These situations include a father bequeathing his property to someone else by way of will. 

The Supreme Court has time and again given progressive decisions and has made devolution of property a more equitable arrangement.

People Also Consulted a Lawyer about Ancestral Property Rights. 

Soumya Shekhar
Soumya Shekhar • 04 min read • 93098 Views
DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY
Property

DAUGHTER IN-LAW’S RIGHTS IN ANCESTRAL PROPERTY

The life of a girl is governed by the numerous roles she plays during her lifetime. Her rights and responsibilities vary according to the position she acquires in the family. Be it the daughter, daughter-in-law, mother or a wife, the uniqueness attached to each of the positions, demands a separate set of rules which govern her obligations and what all she is entitled to. Unlike sons, who have been bestowed with the inherited authority to claim the self-acquired property of their parents; the rights of their wives do not fall in the same bracket. To add to it, the rights of the daughter and daughter-in-law are also not the same when it comes to the self-acquired property of the in-laws.

Rights of Daughter-in-Law in Ancestral Property

A daughter-in-law has very few rights in her husband’s ancestral property. Personal laws govern inheritance in India. The Hindu Undivided Family (HUF) grants a daughter-in-law the status of a member of the family from the date of her marriage, but this does not make her a coparcener. The daughter-in-law acquires rights to the family's property through her husband’s share in the property (either willfully transferred by the husband or received after the demise of the husband). The daughter-in-law cannot claim any rights on the property which exclusively belongs to her in-laws, and such property shall not be treated as shared property. In the case of the deceased mother-in-law, her share will equally devolve amongst her children, and the daughter-in-law will acquire rights on her husband’s share only. The daughters-in-law do not have right over the self-acquired property of her in-laws. She acquires right over in-laws property only through the share of her husband in the property.

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Property Rights of Daughter-In-Law

The property passed on from one generation to the other comes under the category of ancestral property. But when the partition happens, the ancestral property gets converted into self-acquired property.

When there is a division of property in a Joint Hindu Family, the daughters enjoy equal right along with sons, the daughter in law has no right in the property of her in-laws. She acquires rights to the in-laws’ property only through her husband. The daughter of one family becomes the daughter-in-law of another family after her marriage. She has full rights in the property of her father even after marriage but limited rights in the property of her in-laws.

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A married woman is a member of the Hindu Undivided Family (HUF) but is not a coparcener. The daughter-in-law has a right on the share of the property, which her husband has acquired in the HUF property. But she cannot claim anything over and above this. In case the mother-in-law dies, her share shall get divided amongst her children, and the daughter-in-law will be entitled to the part which has fallen in her husband’s share. 

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Property Rights of Daughter-In-Law in India

After the death of her husband, i.e., as a widow, a daughter-in-law has the right to her husband’s property left behind by him. This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband.

The daughter-in-law has a right to residence only till the time matrimonial relationship exists with her husband. The right of residence is there even if the house is a rented accommodation. If the property is a self-acquired property of, her father-in-law, daughter in law has no right of residence as the said house is not a shared house because the husband has no share in it.

A widowed daughter-in-law has right of maintenance from her father-in-law under certain conditions only, as prescribed in Hindus Adoption and Maintenance Act, 1956.

Several court orders say that a daughter-in-law has a right of residence in a shared household under the Domestic Violence Act. Even if the house is not owned by her in-laws, and the husband has no ownership rights in the said house, a daughter-in-law has the right to reside. From time to time, courts have ruled that a woman has a right to residence in such a property as long as the matrimonial relationship between her and her husband remains intact. However, the Supreme Court has ruled that a married woman has no right on the self-acquired property of her in-laws, as this property cannot be treated as a shared property.

If the property happens to be a self-acquired property, the widowed daughter-in-law does not have any right on it. The court further says that she cannot even live in the house against the wishes of her in-laws.

Soumya Shekhar
Soumya Shekhar • 03 min read • 70214 Views
Know About Daughter's Rights in Mother's Property
Property

Know About Daughter's Rights in Mother's Property

Under Hindu law, a mother turns into the property owner regardless of whether she gets it through a will or by any other method. It becomes self-acquired property for her. In case the mother has inherited ancestral property from her father, i.e., even though the property is ancestral; it turns into the mother's self-acquired property. There are no criteria or qualifications in the Hindu Succession Act for married or unmarried daughters. In this way, whether the daughter is married or unmarried, she gets equivalent rights in the mother's self-acquired property alongside her sibling and husband of the deceased mother. In law, married daughters can uphold their right by filing a suit in the court for devolution of property as per the Hindu succession act.

The property of a mother devolves as per Hindu Succession Act, 1956, and the act applies to intestate succession. According to Section 15 of the Act, the following persons inherit a woman's property after her death.

  • Her children

  • Children of pre-deceased children

  • Husband

  • Mother and Father of the deceased mother

  • Heirs of husband

  • Heirs of father and mother

Though, during the mother's lifetime, only the mother has a right to claim her share in her father's property. As the daughter or son of such a mother, the individual can file a suit for partition through a power of attorney, which the mother will execute in her children's name.

On 11th August 2020, in the case of Vineeta Sharma vs. Rakesh Sharma, the Supreme Court of India passed a milestone judgment expressing that the Hindu Succession (Amendment) Act, 2005 will have a retrospective effect. The Amendment made in 2005 corrected Section 6 of the act to be in consonance with the constitutional belief of gender equality. The Amendment has now given a daughter equal rights as the son. The case settled the matter in inquiry; regardless of the Amendment made in 2005, it considered the daughter to have the similar right as of a son in the coparcenary property irrespective of the father being alive or dead before 2005. Father's death will not obstruct a daughter's right from claiming her share in coparcenary property. 

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DAUGHTER'S RIGHT IN PROPERTY

Until the Amendment in 2005, daughters had no right to property. They were merely members of the family and did not have a share in the property. After marriage, a daughter was viewed as a part of her husband's family. But now, a daughter has certain rights that can be exercised.

As per the Hindu Succession Act, 1956:

  • Both married and unmarried daughters now have a legal right to their father and mother's property.

  • Daughters can now also become the manager or Karta in ancestral property.

  • Daughters have the same rights and obligations as their sons.

  • Daughters have an equal right to be coparceners. 

 

MARRIED DAUGHTER'S RIGHT IN MOTHER'S PROPERTY

A married daughter has equivalent rights in her mother's property as the son, in the event where the mother dies intestate; the married daughter inherits the share equally with the son according to the Act of 1956. The married daughter is the legal heir of her deceased mother, and subsequently, she has the right to claim her share in her mother's property. Her mother's share in the ancestral property shall become her mother's self-acquired property if she had died intestate; her legal heirs are entitled to a share as a right.

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DAUGHTER IN LAW'S SHARE IN MOTHER IN LAW'S PROPERTY

Hindu Undivided Family (HUF) awards a daughter-in-law the status of a HUF member; however, it doesn't make her a coparcener. The daughter-in-law acquires HUF property rights through her husband's share in the HUF property (either given by the husband or received after the death of the husband). The daughter-in-law cannot claim any right on the property exclusively to her in-laws. On account of her mother-in-law's demise, her children will get the share in her property, and the daughter-in-law will acquire the rights only of her husband's share. And thus, the daughters-in-law do not have the right to self-acquired property of her in-laws. In Jitendra Kumar v Varinder Kumar the Punjab and Haryana High court held in 2016, the daughter in law cannot claim the self-acquired property of her in-laws. Similarly, in the case of SR Batra v Taruna Batra, the Supreme Court held that a mother-in-law-owned house could not be claimed as a shared household. The daughter-in-law cannot claim her right over such property.

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