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2017 (6) TMI 1349 - HC - Indian Laws


Issues Involved:
1. Validity and legality of Ext.B1 Will and Ext.B2 Codicil.
2. Applicability of Canon Law versus Indian Succession Act, 1925.
3. Rights of a Christian priest under the Indian Succession Act, 1925.
4. Competence of the first defendant to execute sale deeds.
5. Representation and inheritance rights of natural heirs.

Detailed Analysis:

1. Validity and legality of Ext.B1 Will and Ext.B2 Codicil:
The court examined the validity of Ext.B1 Will and Ext.B2 Codicil. The plaintiffs argued that the first defendant, having taken a vow of poverty, could not inherit under Ext.B1 Will. The court found that the execution of Ext.B1 Will was duly proved under Section 69 of the Indian Evidence Act, 1872, as the attesting witnesses were deceased. The court upheld the due execution of Ext.B1 Will and Ext.B2 Codicil in the absence of any vitiating factors.

2. Applicability of Canon Law versus Indian Succession Act, 1925:
The court emphasized that the Indian Succession Act, 1925, governs inheritance and succession for Indian Christians, overriding Canon Law. The court cited several precedents, including Mary Roy v. State of Kerala and Molly Joseph v. George Sebastian, affirming that statutory law prevails over personal law. The court stated, "It will be preposterous therefore to decide the civil rights of the parties based on the Canon Law which is only a norm internal to the church."

3. Rights of a Christian priest under the Indian Succession Act, 1925:
The court ruled that a Christian priest does not suffer a civil death upon taking religious vows and remains eligible for inheritance. The court referenced decisions from the Karnataka and Madras High Courts, which held that there is no statutory prohibition for a Christian priest or nun to inherit property. The court stated, "The Indian Succession Act, 1925 does not make any departure in the matter of inheritance or succession to a Christian priest or nun whether or not he/she has taken a vow of poverty, chastity and obedience."

4. Competence of the first defendant to execute sale deeds:
The court found that the first defendant, despite being a priest, was competent to execute sale deeds based on Ext.B1 Will. The court noted that the first defendant had executed two sale deeds (Document Nos.1020/1995 and 737/1995) in favor of the second defendant, which were deemed legal and valid.

5. Representation and inheritance rights of natural heirs:
The court addressed the inheritance rights of the first defendant's natural heirs. It was noted that the first defendant died intestate, and his share should devolve on his natural heirs, including the children of George and Eleeswa. The court ordered a preliminary decree for partition, declaring half the right to the children of George and the other half to the children of Eleeswa. The court also directed that the children of Eleeswa be brought on record in the final decree proceedings.

Conclusion:
The court allowed the appeal suit and dismissed the memorandum of cross-objections, modifying the impugned decree to reflect the partition of property as per the rights of the natural heirs. The court reiterated the supremacy of the Indian Succession Act, 1925, over Canon Law in matters of inheritance and succession for Indian Christians.

 

 

 

 

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