Uniform Civil Code | UCC Update

Uniform Civil Code | UCC Update

Uniform Civil Code | UCC Update

Uniform Civil Code

Major changes in marriage, inheritance for Hindus and Muslims


1. First, the proposed UCC brings the minimum age of marriage to 18 and 21 for Muslim women and men, in line with the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

2. On succession, the nature of testamentary succession (through a will) and intestate succession (in the absence of a will) for Muslims will change drastically. Currently, Muslims may bequeath up to one-third of their property to anyone of their choosing through a will. The remaining property, or the entire property when there is no will, must then be divided in the manner provided in the Quran and the Hadith.

This would ensure that the legal heirs are not entirely dispossessed. However, under the proposed UCC, in situations where the deceased person does leave a will behind, there is no restriction on how much of their property they can bequeath, or to whom.

3. The UCC draws heavily from the Indian Succession Act, 1925, retaining a majority of the provisions. In cases of intestate succession, the property will pass on to class-1 heirs, who include the children, the widow and parents among a long list of others. In the absence of Class-1 heirs, the property will pass on to Class-2 heirs, who include siblings, nieces, nephews and grand parents among others. If no such heir exists, anyone most closely related to the deceased person may receive the property.

4. The practices of bigamy or polygamy are outlawed in the UCC Bill. This is done by placing a condition for marriage under Section 4 of the Bill that neither party can have a living spouse at the time of their marriage.

5. The proposed Code also criminalizes certain Muslim marriage practices such as Iddat and Nikah Halala, without explicitly naming them.


1. First, the UCC takes away the distinction Under Hindu Law between ancestral and self-acquired property. coparcenary rights under the Hindu Succession Act do not find mention in the UCC Bill.

2. The other key change is the elevation of both parents — mother and father — as Class-I heirs in case of intestate succession (when a person dies without making a will). Currently under Hindu Law, in case of an intestate succession, the Class I legal heirs who will simultaneously inherit the property include children, the widow and mother and other lineal descendants of the deceased man.


1. all live-in relationships in Uttarakhand will have to be mandatorily registered and failing to do so will attract a prison term of up to three months and a fine of `10,000, or both.

2. In case the live-in-relationship is terminated, the registrar will have to be informed, who will then inform the other partner.

3. If a woman is deserted in a live-in-relationship, he would have to pay maintenance to the women as decided by a competent authority.

4. If any of the partners is under 21, the registrar will inform the parents of the couple and will forward the registration to local police station where the couple is residing, the bill said.

5. The live-in relationships will not be registered also when at least one of the partners is a minor or the consent of one of the partners was obtained by force, coercion, undue influence, misrepresentation or fraud, the bill said.

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