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Journalism of Courage
KOCHI, OCT 17: A division bench of the Kerala High Court today struck down as unconstitutional section 118 of the Indian Succession Act which relates to bequests by Christians of their properties for religious or charitable use.
The section prohibited a Christian having a nephew or niece or any nearer relative from bequeathing any property for religious or charitable use, except by a will executed not less than 12 months before his death, and deposited within six months from its execution in some place provided by law for safe custody of the wills of living persons.
That means a Christian testator having a nephew or niece or nearer relations (father, mother, son, daughter, adopted son, grandfather, grandmother, grandson, granddaughter, brother or sister) cannot bequeath any property for religious or charitable use unless (1) the will is executed not less than 12 months before his death; (2) it is deposited within six months of its execution in some place provided by law and (3) it remains in deposit tillthe death of the testator. Or else the bequest for religious or charitable use would be void.
