Uttarakhand on Wednesday passed the Uniform Civil Code Bill. The Bill was cleared by voice vote after being introduced on Tuesday. “The Uniform Civil Code (UCC) will create equal laws for men and women across all faiths and will help create a non-partisan and non-discriminatory society,” Chief Minister Pushkar Singh Dhami said. It will especially protect the rights of women and put an end to their exploitation, Dhami added. “It fulfils a commitment we had made to the people of the state in the run-up to the 2022 assembly polls,” the chief minister said. The Dhami regime may have provided a blueprint for other BJP-led states to follow. The Bill now awaits the governor’s nod. But how will it impact succession laws? Let’s take a closer look: First, let’s take a brief look at the succession laws in India. The succession rights of Hindus which include Sikhs, Jains, and Buddhists are defined by the Hindu Succession Act, 1956. Under this act, if a man dies without a will, his children, wife and mother receive an equal share in his property. However, if a Hindu woman dies intestate, her assets are divided into self acquired, inherited from parents and inherited from husband or father in law.
The woman’s husband and children receive the property.
If she has no husband or children, the husband’s family receives the assets. [caption id=“attachment_13695192” align=“alignnone” width=“640”] The succession rights of Hindus defined under the Hindu Succession Act, 1956. Reuters[/caption] As per FreeLaw.com, the succession rights of Muslims are defined by the Muslim Succession Law – which adheres to Islamic principles. Under this law, a Muslim’s heirs are divided into sharers and residuaries. Sharers including spouses, children, parents, and grandparents receive a certain portion of the assets. Residuaries, meanwhile, get their share after the assets have been distributed among sharers. The Shariah defines exactly how the shares are divided. The goal here is to adhere to Islamic principles while distributing the assets of the deceased. As per Hindustan Times, Muslim women receive an eight or a fourth of their husband’s property depending on whether they have children. Muslim daughters receive a share that is half of that of sons. Other religions like Jews, Christians and Parsis adhere to the Indian Succession Act of 1925. The UCC and what will change Now, let’s examine the Uniform Civil Code (UCC). The UCC proposes bringing all religious communities under one law when it comes to marriage, divorce, inheritance, succession, custody and adoption.
The Constitution of India spells out the need for the UCC.
Article 44 of the Constitution says the State shall “endeavour to secure for citizens a Uniform Civil Code throughout the territory of India”. As per Indian Express, the bill mandates equal property rights for sons and daughters. All other children including illegitimate children, adopted children, children born via surrogacy and children born through assisted reproductive technology will also be considered biological children. In essence, it draws no distinction between legitimate and illegitimate children. When it comes to a person passing away without a will, a person’s wife, children and parents are given equal property rights. The Bill states if there is no immediate family, the property then passes to other relatives – specifically first cousins from the father’s side. The Bill also spells out the order of succession, how shares are distributed, who can be disqualified. It stresses equal treatment for heirs and also lays out the government’s role in case there are no heirs. [caption id=“attachment_12757042” align=“alignnone” width=“640”] The succession rights of Muslims are defined by Muslim Succession Law – which adheres to Islamic principles. PTI[/caption] Heirs can be disqualified from inheritance via murder or remarriage before the death of the individual. An heir would not be disqualified for disease or deformity unless it is so specified. In case of simultaneous deaths, the younger person is presumed to have survived the elder for the purposes of succession. If a child is unborn at the time of father’s death, he or she will be considered an heir after being born. The bill also removes any distinction between self-acquired and ancestral property, as per the newspaper. “The estate of a person dying intestate shall devolve…firstly, upon heirs son, daughter, widow, mother and father……Secondly, if there is no heir of Class 1, then upon the heirs being relatives brother, sister, brother’ son, sister’s son, brother’s daughter, sister’s daughter……,” the Bill states as per Hindustan Times. “Thirdly, if there is no heir of the two classes….then upon the other relatives. Lastly, if there is no heir belonging to any of the clauses above, then by escheat upon the government; and the government shall take the estate subject to all the obligations and liabilities to which an heir would have been subject,” the Bill added. “Where a widow or widower of any predeceased relative of an intestate has married again in the lifetime of the intestate, such widow or widower shall not succeed to the estate of the intestate,” the Bill said. With inputs from agencies