Unit 19 Recent Trends in the Succession Laws

- Judicial Approach
- Uniform Civil Code

Judicial Approach
● Even after 60 years of independence and a written constitution that guarantees the right
to equality without discrimination the law with respect to the distribution of property by
way of inheritance has not been clearly decided in India.

Uniform Civil Code Related to Succession Laws

In Hindu law, there is a difference between a joint family property and self acquired property
which is not so under the Muslim law. The Hindu Undivided Family (HUF), formed under the
Hindu law, run businesses and own agricultural lands. Under the UCC, this has to be abolished.
There are also restrictions imposed by the muslim law to what extent one can bequeath property
by will. Considering all these, the UCC should include:

(i) Equal shares to son and daughter from the property of the father, whether self acquired or
joint family property. There should be no discrimination based on sex in the matters of
inheritance.

(ii) Provisions for inheritance of the property of mother, which she has self acquired or acquired
through her father or relatives.

(iii) There should be no limitations imposed on the extent to which the property can be
bequeathed, the persons to whom such property can be bequeath.

(iv) The essentials of valid will, the procedure for registration and execution of the will should be
properly provided.

(v) Provisions for gifts should not contain any limitations, though essential of valid gift and gift
deed should be specified.

Advantages of Uniform Civil Code

1. Promote Gender Equality: Men are usually granted upper preferential status in matters of
succession and inheritance. Uniform civil code will bring both men and women at par.
2. It will Integrate India: India is a country with many religions, customs and practices. A uniform
civil code will help in bringing every Indian, irrespective of caste, religion or gender, under one
national civil code of conduct.

3. Sign of a modern progressive nation: While our economic growth has been significant, our
social growth has lagged behind. A UCC will help society move forward and take India towards its
goal of becoming a truly developed nation.

4. To provide equal status to all citizens: All the laws related to Succession, inheritance, land,
marriage etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are
treated the same.

5. Many provisions of specific personal laws are in violation of human rights.

Disadvantage of Uniform Civil Code

1. Misinformation about Uniform Civil Code: People believe uniform civil code would mean that
Hindu laws would be applied to minorities. However, uniform civil code means a particular law to
be applicable to all members of the religious community without any discrimination, i.e. a uniform
succession law to all the people.

2. Practical difficulties due to diversity in India: It is practically difficult to come up with a

common and uniform set of rules for personal issues like succession, inheritance due to immense
cultural diversity India across the religions, castes, states etc.

3. Interference of state in personal matters: The constitution provides right to freedom of

religion of one’s choice. With adoption of uniform civil code, the scope of the freedom of religion
will be reduced.

V. Kalyanaswamy v. L. Bakthavatsalam
Facts
● Two brothers started a joint Hindu family business. One of them suffered from an illness
and due to that he executed a will in which he bequeathed his share of business in joint
family property and self acquired property to her wife.
● After his death, his wife filed a civil suit for declaration of the title of the property which
was mentioned in the will and the profits earned by her nephew over the property
mentioned in the will in her favor.
● The court allowed the same. Later on, the nephews filed a case against the wife claiming
the share in the bequeathed property on the ground that they were also the part of joint
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the share in the bequeathed property on the ground that they were also the part of joint
family property and should be entitled a share in the same.
● The parties then entered into a compromise and every party received some share in the
property.
● After some time to the compromise, one of the nephews challenged the validity of the will
on the ground that the will was executed under the influence of coercion, undue influence
and fraud as the same is illegal and invalid as per the provisions of Hindu Personal Law.

(Release Deed is a legal document which is used to give away one’s claim over the property.)

JUDGMENT
● The Trial Court held that the will was invalid and unlawful. The same was upheld by the
High Court.
● The Supreme Court in this case observed that the will was signed by the testator in
presence of two or more witnesses and the same was attested by the testator as well as
the witnesses.
● Further, the nephews failed to prove the arguments made by them that the will was
executed under the influence of coercion, undue influence and fraud.
● On the above observations, the Supreme Court held that the testator has clearly
mentioned all the details of the property that would be bequeathed to his wife in the will
and the manner in which she has to use and dispose off the properties and set aside the
order of the High court
● According to Hindu Succession Act, a Hindu is allowed to transfer his interest in joint
family property to any other person he wants.

M. Arumugam v. Ammaniammal &Ors. January 2020, 16 SC

Facts
● In this case a father formed a coparcenary property with his 2 sons. He died intestate. On
his death 1/3rd property went to each son and the remaining 1/3rd part was to be
distributed among his wife, 2 sons and 3 daughters.
● The youngest daughter filed the suit for partition as it was never partitioned to the six legal
heirs and it should be partitioned by law
● A written statement was presented by the brothers stating that a release deed was
executed by the mother and the daughters
● The plaintiff’s mother, executed the will, acting as a natural guardian at the time of
execution of release deed as the plaintiff were minor.
 ● After that a partition deed was prepared and executed by the sons whose witnesses was
plaintiff’s husband. The partition money was also distributed to the daughters.
● The plaintiff claimed that the release deed was invalid under law as the mother has no
right to give away her share.

Issues:-
1. Whether the mother had the power to act as natural guardian of the minor in respect to the
property owned by the husband.
2. Whether the property in terms of Sections 6 and 8 of the Succession Act 1925, was to be
treated as the property of co-owners or as joint family property?

Judgment
Trial court dismissed the suit holding that the mother acted as the natural guardian of the minor
daughter and no steps were taken by the plaintiff to set aside the release deed after achieving
the majority. The plaintiff filed the suit after 10 years whereas the limitation period was of 3
years.Therefore, the release deed is not void.

High Court rejected the judgment of trial court judgment stating:

. The property continued to be joint family property in the hands of legal heirs even after the
death of the father.
. Since it was joint family property, mother does not have the power to act as guardian of
the minor plaintiff and relinquish(give away) her shares. Therefore , the release deed was
invalid.

The Supreme Court also stated that according to Section 8 of the Hindu Minority and
Guardianship Act Release deed was a voidable document which should have been challenged
within 3 years of plaintiff’s achieving the age of majority. Hence Supreme Court rejected plaintiffs
plea and restored the judgement given by the Trial Court