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Indian Express
20-05-2025
- Politics
- Indian Express
Waqf a secular concept… property dedication common across religions: SG
Solicitor General Tushar Mehta Tuesday told the Supreme Court, which began hearing the challenge against the amendments to the Waqf Act, that 'waqf, by its very nature, is a secular concept' and that the law does not touch upon any essential religious practices of Muslims. 'It may be noted that Waqf, by its very nature, is a secular concept. This is so since waqf merely means dedication of property,' Mehta stated in a 145-page note submitted to the Court. A bench comprising Chief Justice of India B R Gavai and Justice Augustine G Masih that began hearing the batch of petitions seeking an interim stay on the amendments observed that 'a very strong and glaring case' is needed to pause the operation of the law. 'There is a presumption of constitutionality in favour of every statute. For interim relief, you have to make out a very strong and glaring case. Otherwise, presumption of constitutionality will be there,' CJI Gavai observed. Solicitor General Mehta is expected to be heard Wednesday before the Court passes orders on the limited issue of interim stay. 'The elements of charity or religious dedication of property are common across all religions and specifically held by this Hon'ble Court to be a 'purely secular exercise'. The fundamental purpose of the Waqf Act is to confer statutory validity upon dedications while imposing certain duties and responsibilities. It is always open to Parliament to alter the statutory framework which conferred statutory validity to such dedications,' the note stated. Mehta quoted the 2003 Supreme Court ruling in John Vallamattom v Union Of India in which a Christian priest had challenged portions of the Indian Succession Act that placed certain conditions on Christians while bequeathing property to religious or charitable uses. Mehta's note also offers a clarification that de-recognition of the concept of 'waqf by user' will be 'prospective in nature.' 'The proviso (in the amended provision) ensures that any waqf, which was registered before the concerned authorities, would be protected.' The government has argued that the Mussalman Wakf Act, 1923 and every subsequent legislation on the issue mandated the registration of every waqf by user and that the 2025 law merely de-recognises any such waqf that has not been registered. However, the petitioners have argued that the 1923 Act or subsequent laws did not carry any consequences for failing to register which is why several waqf-by-user properties remain unregistered. 'It is thus clear that those waqfs which have not registered themselves (including 'waqfs by user') since 1923, 1954, or at least prior to 01.01.1996 (date on which Act of 1995 came in force) nor have they been found to be in existence during the survey by the Survey Commissioner and an independent exercise mandated by law from the State Waqf Board (as explained above) and have no legal existence and any belated claim at this stage is not maintainable. This legislative policy in the proviso, therefore, has a rationale and is not arbitrary,' Mehta's note stated. Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More
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Business Standard
11-05-2025
- Business
- Business Standard
Consumer protection: Legal heir, not nominee, is beneficiary of policy
Kusum purchased 15 life insurance policies in the name of her unmarried daughter, Ranjeeta, and appointed herself as the nominee. Later, Ranjeeta married Anand Kumar and gave birth to a baby girl. Ranjeeta passed away when the child was just 11 months old. Following her daughter's death, Kusum claimed the insurance proceeds. However, before the claims could be settled, her son-in-law, Kumar, filed a civil suit under the Indian Succession Act, asserting that he and his minor daughter were entitled to the insurance benefits. Kusum was not even made a party to the suit. The matter was referred to the Lok Adalat, where it was decided that the policy claims would be paid to Anand Kumar. Upon learning of this decision, Kusum filed a writ petition challenging the order. The petition was dismissed on the ground that she had not first pursued the remedy of filing a civil revision before the Unnao court. Subsequently, Kusum filed a revision before the Unnao civil court, which directed her to deposit the claim amounts in fixed deposits in the name of her granddaughter until she attained majority at the age of 18 years. Unwilling to accept this, Kusum approached the Allahabad High Court, contending that she alone was entitled to the insurance proceeds by virtue of being the sole nominee. The court observed that there was no dispute over the fact that Ranjeeta had died intestate and that her daughter was one of the heirs entitled to her estate under the Indian Succession Act. The core issue was whether a nominee had a beneficial interest in the insurance claims or whether the legal heir, in this case, the granddaughter, was entitled to the proceeds. The court observed that, prior to the 2015 amendment to Section 39 of the Insurance Act, a nominee was considered merely a custodian of the insurance amount, responsible for distributing it to the legal heirs. This principle was laid down by the Supreme Court in Sarbati Devi vs Usha Devi. The 2015 amendment to Section 39 changed this position, granting the nominee a beneficial interest in the insurance claim. Emphasising that the rights of parties must be determined according to the legal provisions prevailing on the date the cause of action arises, the court acknowledged a conflict between the Insurance Act and the Succession Act. It distinguished between a 'beneficiary nominee' and a 'collector nominee', clarifying that only specific categories —namely, parents, spouse, children, or spouse and children — qualify as beneficial nominees. Siblings do not fall within this category. The court further held that an insurer is not competent to adjudicate disputes between legal heirs, nor is it responsible for ensuring that the rightful heirs under personal succession law ultimately receive the proceeds. The purpose of naming a nominee is to enable the insurer to discharge its obligations by making payment to the nominee. In its judgment dated April 30, 2025, delivered by Justice Pankaj Bhatia, .the high court concluded that the Insurance Act is a general law that governs insurance contracts, whereas the Succession Act is a special law that governs inheritance rights.
Time of India
11-05-2025
- Business
- Time of India
Flowers, Cake & Gift of Knowing Inheritance Rights for Mom
Many mothers lose their rightful share in property and wealth because of sheer ignorance about succession laws for women. So, as you celebrate Mother's Day with flowers and gifts, make sure to inform her about her inheritance and legal rights. #Operation Sindoor India-Pakistan Clash Live Updates| Pak moving troops to border areas? All that's happening Why India chose to abstain instead of 'No Vote' against IMF billion-dollar funding to Pakistan How Pak's jihadi general Munir became trapped in his own vice As with men, women's inheritance rights are governed by succession and personal laws if the deceased does not leave a will. As per the Hindu Succession Act , 1956 (for Hindus, Buddhists, Jains and Sikhs), the mother is classified as a Class I heir. 'This means that if a Hindu son dies intestate (without leaving a will), the mother is entitled to an equal share in his estate alongside the other surviving Class I heirs, if any,' said Raj Lakhotia, managing partner at professional services firm LABH & Associates. If an unmarried Hindu woman dies intestate, her mother is entitled to a share in her estate. 'Among Muslims, as per Sharia Law (subject to Sunni and Shia variations), mother is a primary heir and is entitled to a fixed share. If the deceased son has children (or grandchildren), she gets one-sixth share of the property, and if he has no kids (or grandkids), the mother's share increases to one-third of the estate,' said Neha Pathak, head of Trust & Estate Planning at Motilal Oswal Private Wealth. A Christian mother's right to inheritance is governed by the Indian Succession Act, 1925. 'If the deceased is survived by a spouse and children, the entire estate is divided among them. The mother does not automatically receive a share,' said Sneha Makhija, head of Wealth Planning at Sanctum Wealth. If there are no surviving spouse or kids, the mother can inherit a large portion of the estate. Among Parsis, the mother is entitled to a share of the estate under Section 51 of the Indian Succession Act, 1925. 'If the deceased leaves a spouse and children, each parent receives a share equal to half of each child. In the absence of a spouse or kids, the parents, individually or jointly, inherit the entire estate,' said Lakhotia. A woman's property is passed on to her heirs depending on whether she has made a will or not. If she has made a will, her property, whether self-acquired or inherited, will be distributed according to the terms of the will. She can bequeath it to anyone she chooses, including individuals outside the family. If she hasn't made a will, intestate succession laws apply, and these vary based on her religion. For Hindus, it is governed by the Hindu Succession Act, 1956, wherein the estate is passed on to the legal heirs in order of preference, with the first being husband, children and children of predeceased children. Then comes the legal heirs of her husband; followed by her mother and father, then the legal heirs of her father and, finally, the legal heirs of her mother. 'The Act also ensures that daughters have the same rights of inheritance as sons, regardless of their marital status,' said Rajat Dutta, founder & initiator at Inheritance Needs Services. For Muslims, the devolution is governed by the Muslim Personal Law (Shariat) Application Act, 1937, wherein legal heirs are divided into sharers and residuaries. While sharers get the first share, residuaries get the remaining portion. If she inherits property from a relative, be it husband, son or parent, she is the absolute owner and can dispose of at will. If she makes a will, she can't give away more than one-third of the property, and if the husband is the only heir, she can give two-thirds of her share.
Time of India
10-05-2025
- General
- Time of India
Ensure your mother's inheritance rights: A guide to succession laws
A woman's property is passed on to her heirs depending on whether she has made a will or not. Many mothers are unaware of their inheritance rights, potentially losing their rightful share of property. Succession laws vary based on religion, with Hindu, Muslim, Christian, and Parsi laws each outlining specific inheritance rights for mothers. Women can bequeath their property through a will, but without one, intestate succession laws apply, differing based on religion and heir classification. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads New Delhi: Many mothers lose their rightful share in property and wealth because of sheer ignorance about succession laws for women. So, as you celebrate Mother's Day with flowers and gifts, make sure to inform her about her inheritance and legal with men, women's inheritance rights are governed by succession and personal laws if the deceased does not leave a per the Hindu Succession Act , 1956 (for Hindus, Buddhists, Jains and Sikhs), the mother is classified as a Class I heir. "This means that if a Hindu son dies intestate (without leaving a will), the mother is entitled to an equal share in his estate alongside the other surviving Class I heirs, if any," said Raj Lakhotia, managing partner at professional services firm LABH & Associates. If an unmarried Hindu woman dies intestate, her mother is entitled to a share in her estate."Among Muslims, as per Sharia Law (subject to Sunni and Shia variations), mother is a primary heir and is entitled to a fixed share. If the deceased son has children (or grandchildren), she gets one-sixth share of the property, and if he has no kids (or grandkids), the mother's share increases to one-third of the estate," said Neha Pathak, head of Trust & Estate Planning at Motilal Oswal Private Wealth.A Christian mother's right to inheritance is governed by the Indian Succession Act, 1925."If the deceased is survived by a spouse and children, the entire estate is divided among them. The mother does not automatically receive a share," said Sneha Makhija, head of Wealth Planning at Sanctum there are no surviving spouse or kids, the mother can inherit a large portion of the Parsis, the mother is entitled to a share of the estate under Section 51 of the Indian Succession Act, 1925. "If the deceased leaves a spouse and children, each parent receives a share equal to half of each child. In the absence of a spouse or kids, the parents, individually or jointly, inherit the entire estate," said Lakhotia.A woman's property is passed on to her heirs depending on whether she has made a will or not. If she has made a will, her property, whether self-acquired or inherited, will be distributed according to the terms of the will. She can bequeath it to anyone she chooses, including individuals outside the she hasn't made a will, intestate succession laws apply, and these vary based on her religion. For Hindus, it is governed by the Hindu Succession Act, 1956, wherein the estate is passed on to the legal heirs in order of preference, with the first being husband, children and children of predeceased children. Then comes the legal heirs of her husband; followed by her mother and father, then the legal heirs of her father and, finally, the legal heirs of her mother. "The Act also ensures that daughters have the same rights of inheritance as sons, regardless of their marital status," said Rajat Dutta, founder & initiator at Inheritance Needs Muslims, the devolution is governed by the Muslim Personal Law (Shariat) Application Act, 1937, wherein legal heirs are divided into sharers and residuaries. While sharers get the first share, residuaries get the remaining portion. If she inherits property from a relative, be it husband, son or parent, she is the absolute owner and can dispose of at will. If she makes a will, she can't give away more than one-third of the property, and if the husband is the only heir, she can give two-thirds of her share.
