We may amend Section 213 of the Indian Succession Act; Centre tells HC

CHENNAI: The Union Government on Monday informed the Madras High Court of its intent to amend Section 213 of the Indian Succession Act, 1925 which mandates that Hindus, Buddhists, Jains, Sikhs and Parsis obtain probate or Letter of Administration (LoA) from the courts concerned, to inherit for property through a will that is executed in the three metro cities such as Chennai, Mumbai and Kolkata.

Hearing a bunch of pleas filed by K K Subramanian and others, the first division bench comprising Chief Justice S V Gangapurwala and Justice P D Audikesavalu adjourned the hearing to October 10.

During the course of the hearing, senior counsel E Manohar representing one of the petitioners K K Subramanian contended that the 1925 legislation was enacted during the British era when places under colonial rule were classified as Part A, B and C depending upon their importance and land value.

"People professing Hinduism, Buddhism, Jainism, Sikhism and Zoroastrianism could not inherit properties in the three metropolitan cities merely on the basis of a will executed by their family members. They had not necessarily approached the High Court and obtained probate or a Letter of Administration (LoA) on payment of a necessary court fee before being able to claim a right of ownership over those properties. This was a time consuming process, " he argued.

Responding to this, Additional Solicitor General A R L Sundaresan submitted that the Union Ministry of Law and Justice was taking steps to amend the provision.

"The difference between Hindus, Buddhist, Sikhs, Jains and Parsis on the one side and Christians and Muslims on the other side for grant of probate or wills or Letters of Administration, with the will or its authenticated copy annexed by a court of competent jurisdiction, in order to establish the right as executor of Legatee, is not required to continue. The legislative intention and the purpose of the existing Section 213 of the Act is infructuous and not required to continue, " read an affidavit filed by the Additional Secretary of Union Ministry of Law and Justice.

Earlier, the petitioners moved the Madras High Court challenging the validity of Section 213 of the Indian Succession Act, 1925, which mandates that Hindus, Buddhists, Jains, Sikhs and Parsis obtain probate of a Letter of Administration before they can inherit property under a will that is executed in the three metro cities.

The petitioners also urged the court to declare Section 213 unconstitutional, and to be in violation of Articles 14 (right to equality) and 15 (state shall not discriminate on the basis of religion, race, caste, sex and so on) of the Constitution of India.