Who is a Christian? | Family Law - CLAT PG PDF Download

Understanding the Indian Christian Marriage Act, 1872

Definition of 'Christian' and 'Indian Christian'

• 'Christian': A person who professes the Christian religion in any of its forms.
• 'Indian Christian': Includes Christian descendants of native Indians converted to Christianity and such converts themselves.

Baptism and Christian Identity

• A person is generally considered a Christian if baptized. However, baptism at birth does not make someone a Christian if they are not capable of expressing their faith.
• If an individual refuses to be married as a Christian and chooses to solemnize their marriage through Hindu ceremonies and rites, factors like attending a Christian school or dressing like a Christian are irrelevant. They are not considered a Christian in this context.

Children and Christian Identity

• A child born to Christian parents is automatically considered a Christian.
• A person who identifies as a Christian is considered one even without baptism.
• The term "persons who profess the Christian religion" includes not only adult Christians but also their children.

Intestate Succession Among Indian Christians

Definition of Intestate Succession

• According to Section 30 of the Indian Succession Act, 1925, intestate succession refers to the situation where a person is considered to have died intestate concerning property for which they have not made a valid testamentary disposition.
• This means that any property not explicitly bequeathed or allocated through a legal process will, upon the death of the owner who is an Indian Christian, be distributed according to the rules outlined in Chapter II of the Act.

Total vs. Partial Intestacy

• Total Intestacy: Occurs when the deceased fails to dispose of any beneficial interest in their property through a will.
• Partial Intestacy: Happens when the deceased successfully disposes of some, but not all, of the beneficial interest in their property through a will.

Rights of the Widow and Widower

Widow's Rights (Sections 33, 33-A, 34)

• If the deceased has left both a widow and lineal descendants (children, grandchildren, etc.), the widow is entitled to one-third of the estate, while the remaining two-thirds goes to the lineal descendants.
• If there are no lineal descendants but other kindred (relatives) are alive, the widow receives one-half of the estate, and the other half goes to the kindred.
• If there are no kindred, the widow receives the entire estate.

Widower's Rights (Section 35)

• The widower has the same rights to his deceased wife's property as she would have had to his property if he had died before her (intestate).

Rights of Children and Other Lineal Descendants

• If the widow is alive, the lineal descendants will inherit two-thirds of the estate. If the widow is not alive, they will inherit the estate in its entirety.
• Per capita distribution applies when the descendants are of the same degree of relationship to the deceased, ensuring equal division of shares.

Case Law and Succession

• According to case law, heirs of a Christian deceased inherit property as tenants-in-common, not as joint tenants.
• The religion of the heirs does not prevent succession rights. For example, a Hindu father could inherit from his son who converted to Christianity.

Distribution Among Relatives

• If the intestate has no lineal descendants, parents, or siblings, their property is divided equally among the nearest relatives in degree of kinship.

Doctrine of Escheat

• If there are no heirs to the intestate, the government can invoke the doctrine of escheat, causing the deceased's estate to revert to the state.

Testamentary Succession Among Indian Christians

• A will is a legal document in which a person outlines their wishes regarding the distribution of their property after their death. For a will to be considered valid, the person making it (known as the testator) must have a clear intention that these wishes are to take effect only upon their death. This concept is known as testamentary intention.
• Testamentary Succession is governed by Part VI of the Indian Succession Act, 1925.