How Uttarakhand Uniform Civil Code Impacts Hindu, Muslim & Christian Succession Laws

The Uniform Civil Code of Uttarakhand, 2024 (“UCC”) passed by the Legislative Assembly of Uttarakhand has brought substantial changes to the law of inheritance of property i.e., succession law. The Code will apply to all persons irrespective of their religion.

Section 390 of the Code also says that any law, custom, or usage in force in the State, that is inconsistent with the Code, will be deemed to have been repealed. Therefore, the Code will have an overriding effect on personal laws which are in force in the State.

Changes Brought to Hindu Succession

1. Distinction between the Ancestral Property and Self-Acquired Property abolished in UCC:

Hindu law acknowledges the concept of joint families, delineating between self-acquired assets and ancestral possessions. There exists a coparcenary, comprising male and female lineal descendants spanning up to the third generation. These members inherit a stake in the joint family estate, i.e., ancestral property, by birth. In the event of a coparcener's demise, the portions passing to their heirs are vested in them as individual assets.

The Uniform Civil Code (UCC) abolishes the differentiation between ancestral and self-acquired property as prescribed by Hindu law. The coparcenary rights established under the Hindu Succession Act are not addressed in the UCC Bill. Thus, the same scheme of succession will now apply to both ancestral and self-acquired property for Hindus. The limited protection afforded by the coparcenary system under the Hindu Law will not be available under UCC.

2. Elevation of Father as Class-I Heir, Abolishes Gender Disparity in Case of an Intestate Succession

According to Hindu law, in the event of intestate succession, the Class I legal heirs entitled to inherit the property comprise children, the widow, mother, and other lineal descendants of the deceased man. This means that Class I heirs don't include the father, and the property devolves on the father only as Class II heirs.

Explanation (a) to Section 49 of UCC has brought changes to this aspect by including the father as a Class I heirs. Now, Class I heirs would include the children, widow, and both the father and the mother. UCC prescribes the same scheme of succession irrespective of the gender of the intestate.

Changes Brought to Muslim Succession

1. Muslims Can Bequeath Entire Property Through a Will

As per Section 118 of the Mulla's Principles of Mahomedan Law, Muslims have the option to bequeath up to one-third of their property to any individual of their preference through a will. The remaining portion of the property, or the entirety in the absence of a will, is then distributed in the manner outlined in the Quran and the Hadith. This practice ensures that the rightful legal heirs are not completely deprived of their inheritance.

However, Section 91 of the UCC makes a provision that if the deceased individual leaves behind a will, there are no limitations on the portion of their property they can allocate or to whom they can bequeath it. This means that the limit of one-third of property imposed which can be bequeathed under Muslim Law is removed under UCC.

Now, a Muslim person can bequeath the entire property to anyone through a Will.

2. Recognition of an Equal Share to Daughter

Currently under Muslim Law, Class I heirs include the mother, the grandmother, the husband, the wives, the son's daughter, etc., and the Quran lays down specific shares for them. One of the rules says that the similarly placed female heir would get only half the share of the similarly placed male heir. Thus, the daughter is entitled to get only half the share received by the son.

Rule 2 of Section 51 of the UCC removes such a distinction by providing the daughter an equal share to that of a son. This means that now the son and the daughter would receive an equal share in the inherited property.

Changes Brought to Christian Succession Regulated by the Indian Succession Act

1. Right of the Deceased Parents to Inherit along with Deceased Children and Grand-Children

Within the Indian Succession Act (ISA), applicable to individuals married under the Special Marriage Act (SMA) and to Christians, parents of the deceased inherit solely in the absence of lineal descendants such as children and grandchildren.

Section 53 of the UCC departed from a prevailing law under ISA, by changing the position, where now both categories of heirs would inherit together.

2. Recognition of an Equal Right of a Mother in Inheritance

Under ISA, there exists a discrepancy in inheritance rights between mothers and fathers. The father's inheritance excludes the mother entirely and also excludes siblings, while the mother inherits alongside siblings. The provisions are produced below:

Sub-section 6 to Section 51 of the UCC abolishes such discrepancy by recognizing the equal inheritance rights of the mother alongside the father. It says, that the surviving parents of the intestate shall together take one share in an equal proportion. This means, that now the mother and the father would inherit together equally, excluding the condition of the mother inheriting alongside siblings.

General Rule of Intestate Succession under UCC

Section 49 of the Code prescribes the general rule of succession, which says that the estate of a person dying intestate shall devolve in the following preference-

Firstly, upon the heirs being the relatives specified in Class-I;

Secondly, if there are no Class-I heirs then upon the heir being the relatives specified in Class-2;

Thirdly, if there is no heir of the two classes, then upon the other relatives.

Fourthly, if there is no heir belonging to any of the aforesaid preferences, then the estate would be devolved upon the government by escheat.

Schedule 2 of the code contains the exclusive list of Class-1 and Class-2 heirs. 

However, Explanation (a) of Section 49 draws reference to Class I heirs which shall mean the spouse(s) the Children; the children, and the spouses of predeceased children; the children and the spouses of predeceased children of predeceased children; and the parents, limited to the relatives enumerated in Schedule-2.

Further, Explanation (b) of Section 49 draws reference to Class 2 heirs which shall mean the step-parents; the siblings; the children and the spouses of predeceased siblings; the siblings of parents; the paternal grandparents; and the maternal grandparents, limited to the relatives enumerated in Schedule-2.

And, as per Explanation (c) of Section 49, 'other relatives' would mean the persons who are related to the intestate other than the persons enumerated in Class 1 and Class 2 heirs.

Also Read - Uttarakhand UCC Bill Mandates Registration Of Live-In Relationship Within One Month Of Entering Into Relationship

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