LAW

CHRISTIAN WIDOW

survival of lineal descendants of deceased i.e., child, children or remoter issues – surviving

spouse takes 1/3 and rest is distributed among the lineal descendants

Net value of property less than or greater than Rs 5,000/-- if the net value of the property

does not exceed Rs 5,000/- the whole of his property goes to his widow but where the net

value exceeds the sum of Rs 5,000/- she is entitled to Rs 5,000/- and charge upon the whole

property for Rs 5,000/- with interest at the rate of Rs 4% per annum from the date of death

of husband until payment 35 .

- Subject to (b), absence of lineal descendant - widow takes half of the property and the other

half goes to his kindred i.e., father, mother, brother, sister and their issues

- Absence of kindred – the whole of the property belongs to the widow.1

left behind a widow and only one child, her share being reduced to one-third appears to be

unjustified as the single child gets the majority share of two-third and the widow is to be satisfied

with lesser share of one-third. Though the Hindu law 38 provides for equal distribution of shares

among sons, daughters, their issues, widows and mothers who are placed under Class I it answers

such instance by dividing equal share between widow and the single child in absence of mother

and other children or their issues.2

THE SECOND PROVISION –

Object of placing a condition where certain sum was mandatorily reserved for the widow was to

improve the condition of the widow when estate is small. Further it applies only in case of total

intestacy i.e., will apply only when there is complete failure by lapse of all beneficial interests

under a will with respect to all kinds of property be it movable or immovable. But even this benefit

of minimum guaranteed payment is denied to Indian Christians women, any child or grandchild of

any male person who is or was at the time an Indian Christian and any Hindu, Buddhist, or Jain,

succession to whose property is governed by ISA, 1925 – PLUMTTING RATE OF RUPEE – INCREASE

1
Section. 33A of ISA, 1925
2
Hindu Succession Act, 1956, Ss. 9, 10
The Act only recongnises relationship by consanguinity therefore lineal descendants from lawful

wedlock only have right in the property. Lineal consanguinity is that which subsists between

person, of whom one is descended in a direct line from the other e.g., father, grandfather in

ascending line or son, grandson in descending line and collateral consanguinity subsists between

persons who are descended from same ancestor 44 . Relation by affinity, except wife/husband is

excluded from the list of heirs under ISA, 1925. No rights are reserved for relations brought in

family by marriage, therefore no shares are reserved for widow of pre-deceased son or widow of

pre-deceased son of a pre-deceased son. The widowed daughter-in-law is denied any rights in her

father-in-law/mother-in-law’s property but the child born to her or conceived by her has share in
his

grandfather’s/grandmother’s property. That right is denied to the widowed daughter-in-law who has

given birth to such child.

Further the order of succession among the Syrian Christian was as follows: first sons, failing these
daughters, failing these brothers and children and lastly, sisters and their children.

Under the Travancore Act, where the mother or the wife of the intestate is a heir and there are
other heirs also, she gets only a limited interest over her share in immovable property, terminable
on her death or remarriage

CHRISTIAN MOTHER

In absence of lineal descendants, one-half share of the property is reserved for the widow and
theother half devolves onfather, if living. In his absence it passes to mother, brothers and sisters
andissues of predeceasedbrother or sister 50 . Mother is deprived of the share in presence of
father. Even when she inherits, sheis to share the property with brothers and sister or their issue.
Since no amount of share is fixed formother it varies with the presence or absence of siblings of the
deceased. Increase in the number ofbrothers or sisters further decreases her share. It is only when
brother, sister or their issues do not survive that she inherits the entire ther half of the property.3

DISTINCTION SON BASIS OF GENDER SEEMS ILLOGICAL - To exclude the mother in presence of the
father Ignores the role that the mother plays in the upbringing and settlement of the child from the
beginning to the attainment of maturity4 - practical reality is that mother in majority of the cases is
financially dependent while father is economically secure. Again no reason can justify placing mother
and brothers/sisters of deceased N THE SAME PLATFORM - Under law of England 52 both mother
and father takes equally even in presence of brothers and sisters of the intestate. If only one of them

3
ection 44 of ISA, 1925
4
Poonam Pradhan Saxena, “Succession Laws & Gender Justice” in Archana Parasar, Amit Dhanda
et.al.(eds.), Redefining Family Law in India, p. 289 (Routledge, New Delhi, 2008)
survives he or she takes the whole share.5 - The Indian Succession Amendment Bill, 2004 had
suggested for dividing equal shares between father and mother but the Bill lapsed.

The Travancore Christian Succession Act ("TCSA") was clearly biased against
women. While section 24 gave mothers and widows only a life interest terminable
on death or remarriage over inherited immovable property, section 28 follows:
28. The shares of sons in Group (1) of section 25:
Without prejudice to the provisions of section 16 the male heirs mentioned
in group (1) of section 25 shall be entitled to have the whole of the intestate's
property divided equally among themselves, subject to the claims of daughter for Streedhanom.
Daughter's Streedhanom and its value:
The Streedhanom due to a daughter shall be fixed at one-fourth the value the share of a son, or Rs. 5,000/-,
whichever is less.
Female heirs who were paid Streedhanom to be ordinarily left out consideration:
Provided that any female heir of an intestate to whom Streedhanom was
paid or promised by the intestate, or in the intestate's lifetime either by
such intestate's wife or husband or after the death of such wife or husband,
by her or his heirs shall not be entitled to have any further claim in the
property of the intestate when any of her brother (whether or the fullblood
or of the half-blood by the same father) or the lineal descendants of
any such deceased brother shall survive the intestate.
Any Streedhanom promised, but not paid by the intestate shall be a charge
upon his propert6 - v

Succession Law in India and Obstacles in the Road to Gender Equality: The
Experience of
"Mary Roy v. State of Kerala"
Author(s): Thomas John
Source: Student Bar Review, Vol. 18, No. 2 (2006),

WHAT HAPPENS WHEN A CHRISTIAN MALE DIES INTESTATE AND HEIRLESS – {ACTUAL LAW) THEN
TELL THE PROPOSITION AGIANST IT FOR COMPARISON TO BRING THE DRAWBACK SI NTO LIGHT –
ENLIST THE RECOMMENDED AMENMENDS – THEN RENFORCE THAT WITH THIS FOR FULL

5
Administration of Estates Act, 1925 s. 46
6
Report of the Christian Committee, 1912 at 55, cited from Champappilly, supra note 3,
at 20-21.
AUTHORITY - ) After allotment of one-half of the share to widow, mother to take equal share with
father in

A possible argument for this could be that women, once married, join their marital
homes and as such no longer belong to their natal families, thereby making a right
to property unnecessary and unfair to the sons and their families who work for
the family instead. Similarly it can be argued that giving sons a greater right in
property prevents the property from going out of the family as sons remain within
the family upon marriage while daughters do not. One explanation of the gender
bias in the Travancore Christian Succession Act, 1916 is that the Act was an

One argument which was sought to be the TCSA had not been repealed by the Part section 29(2) of the
Indian Succession Act, laws in force. Section 6 of the Part B States before the appointed day there is in
force to any of the Acts or Ordinances now extended otherwise expressly provided OT BE REPELALED

When Section 6 of Part B States (Laws) Act, 1951 provided in clear and
unequivocal terms that the Travancore Christian Succession Act, 1092
which was a law in force in Part B States of Travancore-Cochin corresponding
to Chapter II of Part V of the Indian Succession Act, 1925 shall stand
repealed, it would be nothing short of subversion of the legislative intent to
hold that the Travancore Christian Succession Act, 1092 did not stand
repealed but was saved by Section 29 sub-section (2) of the Indian
Succession Act, 1925... there is nothing in Part B States (Laws) Act, 1951
expressly saving the Travancore Christian Succession Act, 1092.

32

Succession Law in India and Obstacles in the Road to Gender Equality: The
Experience of
"Mary Roy v. State of Kerala"
Author(s): Thomas John
Source: Student Bar Review, Vol. 18, No. 2 (2006),

CHRISTIAN WOMEN AND PROPERTY RIGHTS IN KERALA – GENDER EQUALITY IN PRACTICE SINDHU
THULASEEDHARAN – December 2004

http://www.cds.ac.in/krpcds/report/sindhu.pdf
5 Report of the Travancore Christian Committee, 1911,