A Constitutional Critique Of Personal Succession Laws In India
- IJLLR Journal
- Jun 27
- 1 min read
Rudra Tyagi, BBA LLB (Hons.), NMIMS School of Law, Bengaluru, Karnataka
ABSTRACT
This article explores the dual legal framework governing inheritance in India, focusing on the coexistence of the Indian Succession Act, 1925, and various personal succession laws applicable to different religious communities. While the Indian Succession Act provides a comprehensive and codified structure for testamentary and intestate succession, its application is limited by Section 29 of the ISA, which excludes Hindus, Muslims, Buddhists, Jains, and Sikhs from its intestate inheritance provisions. As a result, most citizens continue to be governed by personal laws derived from religious traditions, leading to inconsistencies in the distribution of property after death.
It also analyses how this fragmented system affects the clarity, efficiency, and predictability of inheritance law. It further discusses the challenges posed by communal resistance to legal reform and the prolonged delay in realizing the directive under Article 44 of the Constitution, which calls for a Uniform Civil Code.
