Christian Law of Inheritance

Courts in India have taken diverse views on whether Catholic priests are entitled to inheritance rights. In Hindu law, a Hindu ascetic or Sanyasi loses civil rights upon renunciation.

Law of Inheritance of Catholic Priests and Catholic Nuns

However, in several cases pertaining to Roman Catholic priests regarding the Christian law of inheritance, it has been held that the right to inherit a distributive share is not extinguished either by usage or existing personal laws.  For Catholic nuns, the courts have given divergent interpretations. The Karnataka High Court endorses the view whereas the Kerala High Court opined differently.

In Mother Superior v. DEO Kottayam, a nun died and the question arose as to whether her service benefits accrued to her natural family. The Kerala High Court stated that where a nun ceases to have any connection with her natural family after entering the Church, the parents and other family members are no longer considered as family anymore. For the same reason, the legal effect of becoming a nun is that she is not considered as having a father or a mother.

Christian Law of Inheritance Does not Apply to All Indian Christians

Yes. Indian Christians who are converts from tribes such as the Khasis, Garos, Nigos and other tribes in North East India are exempt from the Indian Succession Act. This is because these tribal Christians continue to follow their customary laws of inheritance despite conversion. With the passage of time, the Catholic Church has recognized these customary laws as valid.

Some interesting Khasi laws of inheritance are:

• A woman is the absolute owner of wealth and property. She alone has the right to transfer or alienate property.
• On the death of a mother, if there is no bar, the youngest daughter succeeds to her position and becomes the custodian of her mother’s property.
• Those who convert to another religion lose all rights to ancestral property.
• The wealth of the father and mother are clearly segregated as separate entities.

Some interesting Garo laws of inheritance are:

• Inheritance is through the mother. The male heirs cannot claim any part of the property even if it is acquired by their own efforts. A typical Garo family’s property is vested in the wife. A husband cannot sell or mortgage the property without her permission. If he does so, the sale would be considered invalid by Garo customary laws.
• If the mother dies, the father becomes the natural guardian of the children. If he remarries a girl from another clan, one of his sisters-in-law become becomes the guardian of the children and the mother’s property till the question of the heiress is settled.
• Wills are not recognized by Garo customary laws.