In a move that aims to simplify inheritance procedures, the Union Government has expressed its intention to amend Section 213 of the Indian Succession Act, 1925. The current provision mandates that Hindus, Buddhists, Jains, Sikhs, and Parsis obtain probate or Letter of Administration (LoA) from the respective courts to inherit property through a will executed in Chennai, Mumbai, or Kolkata. The proposed amendment would extend to wills concerning immovable property situated in these three metropolitan cities.
Appearing before the first Division Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu at the Madras High Court, Additional Solicitor General A.R.L. Sundaresan confirmed the Union Ministry of Law and Justice's efforts to amend this provision. The court adjourned a batch of cases challenging the current legal provision to October 10, awaiting further developments.
The rationale behind this proposed amendment lies in achieving uniformity in inheritance procedures across various religious communities. The current differentiation between Hindus, Buddhists, Sikhs, Jains, Parsis, Christians and Muslims has been questioned for its discriminatory nature.
Senior counsel E. Manohar, representing petitioner K.K. Subramanian, highlighted that the existing legislation dates back to the British era when colonial rule categorized places as Part A, B, and C based on their significance and land value. Muslims and Christians were exempted from Section 213 due to their distinct personal laws. However, individuals following Hinduism, Buddhism, Jainism, Sikhism, and Zoroastrianism were required to navigate a time-consuming process of approaching the High Court for probate or LoA, solely based on their religion and geographic location.
The proposed amendment seeks to rectify this disparity and streamline the process. The Union Ministry's response affidavit stated that the differences in treatment between different religious groups for the grant of probate or LoA are no longer necessary. The existing Section 213 is deemed infructuous and contrary to the legislative intention.
The petitioner's affidavit emphasized the constitutionality of imposing such conditions based on religion and geography. It urged the court to declare Section 213 unconstitutional, as it is alleged to violate Articles 14 (right to equality) and 15 (preventing discrimination on the basis of religion, race, caste, sex, etc.) of the Indian Constitution.
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