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Title: Breaking silence: Christian women’s inheritance rights under Indian Succession Act, 1925
Authors: Mishra, Archana
Jindal Global Law School
Keywords: Christian women
Inheritance right
Indian Succession Act, 1925
Issue Date: 31-Dec-2014
Publisher: Ranchi University, Ranchi, India
Citation: Mishra, Archana. (2014). Breaking silence: Christian women’s inheritance rights under Indian Succession Act, 1925. Chotanagpur Law Journal, Vol 9 No 9: 1-30
Abstract: Diversity prevails in law of succession among Indian Christians. Christian constitute the third major population in India after Hindu and Muslim but still has been not able to act as influential group either socially or politically to draw sufficient attention of the Legislature to their problems in personal law particularly in field of succession. Majority of Christians are governed by the Indian Succession Act, 1925 (ISA, 1925) in matters of succession. The ISA, 1925 guided by patriarchal mindset allows unfairness to women in intestate succession. The irony is that the law framed more than one and a half century ago discriminating women in succession rights continues even today. The share of Christian widow fluctuates with the presence or absence of lineal descendants, she gets rights over entire property only in absence of distant kindred of the deceased husband extending upto great great uncle or great uncle’s son, widowed daughter-in-law has no right in her father-inlaws property. Mother has been relegated to lower position as she inherits only in absence of father and even when she inherits she gets rights with the deceased’s brother and sister. There appears no justifiable reason to continue with such provisions which do not give equal rights to women. The present study deals with the drawbacks in the ISA, 1925 with respect to inheritance rights of Christian women, the transition of law for granting her such rights with the reports of Law Commission of India and the proposed amendments in the existing legal framework to ensure them such rights based on principle of rationality and fairness.
ISSN: 0973-5858
Appears in Collections:JGU Research Publications

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