Chapter 4 Law of Succession Succession deals with the m; won atters cl ha pet under a testator's will o how the h beneficiaries become entitled to roperty of an intestat is hei js also the law and procedures determining how the ee, ite goes to his heirs. It Bs, a woperty of a deceased person goes to the beneficiaries by his will or how the Property goes to his heirs i is f j oe . ‘Ss In case of er me in Myanmar are governed by the Suecession Act. The Succession Act recognizes three types of heirs for Christians, the spouse, the lineal descendants and the kindred. Anyone who has the right of succession shall institute a suit for administration against other co-heir. 41 Testamentary Succession The succession of Christians in Myanmar can be divided into testamentary succession where the deceased has made a will before his death, and intestate will made by the deceased. passing of the rights and property by will. On the s the method used to distribute property owned by a if the deceased is a Christian leaving a valid suecession where there is no Testate succession is the other hand, intestate succession i d will | person who dies without 2 vali , shall be made to the Court in accordance with the 5 sacs te will, an application for proba i eet f testamen succession under the Succession Act. provisions of testam tary Roe cari ee ee onary’, 3 edition, West Publishing Co., 1996, p. 687. «y i's.As Probate shall be granted by the Court to the executor appointed by the will n Act. The appointment may be expressed or by necessary under Successio: the will from the death of the testator and obate of a will establishes acts of the executor. of any person professing pecial Marriage Act, and to implication. Pr renders valid all the intermediate Moreover, succession to the property arries under the S religion who m the Hindu, provisions of the Buddhist, Sikh or J aina the property of the issue of such marriage, Succession Act? shall be regulated by the oan execute the wills inConclusion marriage, the competen . : — mf cy of the parties to marriage as well as the persons by whom ai ized are provided in the Christian Marriage Act. Although mi ag ii ‘ s "ABS may not be void on the inegularty of marriage, it will be necessary to solemnize marriage under section 4 and section $ of the Christian Marriage Act in order to be a valid marriage. It is found that the Christian Marriage Act which is the law of marriage for Christians in Myanmar is systematic and procedural. Marriage cannot be done by merely executing a deed or by merely holding a wedding ceremony. In order to be a valid marriage, it shall be solemnized in accordance with section 4 and section 5 of the Christian Marriage Act. The parties to marriage must take an oath and it must be done in accordance with the rules and rites of the Church or the form of ceremony as if required to be adopted. The entry of marriage in both the certificate Bo ‘i solemnizing the marriage, and also by the register-book shall be signed by the oe ~_ ie ai attested by two credible 7 ee _ coe definition, Christian marriage is a voluntary union of ording to traditional de , Acc ‘ life to man e woman for : ‘ bi ae point of view, Christian marriage can be seen as an the exclusion of others. Therefore, according to inition and religious A owever, Myanmar A indissoluble iS nance to the innocent party to judicially separate or dissolve yen 2 ¢ : Myanmar, has give arty commits matrimonial faults. the marriage if the guilty P Divorce Act, which is the applicable law inAs matrimoni ii trimonial causes Os fetes ii annulment of marriage, judicial ceedings can be marriage’s validity and Telieves ther, but it does not terminate the marriage, Therefore, of : Bi tefore, after the annulment of marriage or dissol i ; issolution arriage, the parties are no longer binding to each other. However, in judicial marriag . fy A Jucie ing to each other, The rules for matrimoni ‘ separation and dissolution of oe seam oa ea a es respective; aes though de yanmar Divorce Ne are in 'y Stringent. As to annulment of marriage, the con the parties can be seen to be the important one. Without the free consent of the parties, marriage may be void. Some of the grounds for nullity of marriage such as impotency, prohibited degrees to marriage and subsisting marriage are assumed to come from the rules of Cannon law and biblical rules. If marriage is void on the grounds of subsisting marriage or without free consent, it has been void since the time separation, the parties are stil] bindi of marriage. An annulment of marriage on the ground of impotency can be seen.as voidable marriage. If the couple cannot be compelled to live with each other, it is found that some of the couple made the separation deed. Under the Myanmar Divorce Act, they may be judicially separated by the order of the Court on the grounds of adultery, cruelty and desertion. On the other hand, if either party to marriage withdraws from the society of the other without reasonable excuse, a petition for restitution of conjugal 5 the Court. a . ground for judicial separation and dissolution of marriage Divorce Act, adultery is common ground for both judicial under the pose ution of marriage. The cruelty and desertion are sufficient separation and dS? of judicial separation. However, decree for dissolution of grounds for the a on the ground of cruelty and desertion only. mariage ™2Y 7°" anmar Divorce Ac, in order odisolve the marrage, a petition Gl am Court. Adultery can be seen to be the most common ground for made to may be of marae: Inequality can be found that a wife may not obtain the decree dissolutionjssolution of i for diss© uti marriage Solely on the iit the adultery of the wife alone iano Bro ‘lent und of f the husband's adui for dissolution of marriage, The ees tery although and Moreover, when a petition j , aes Made to the Cou the parties to the suit. The wife may apply for the an Payment of alimony under th . Act. An application for alimony pendente li fe Myanmar Divorce jicationlttt ; fe lite may be made during the suit and an app! Permanent alimony may be mad separation or di 3 le after the decree for judicial pi lissolution of marriage is obtai : snoke a ae tained by the wife. If the wife wishes to n is cages : for alimony, an application may be made in matrimonial proceedings under the Myanmar Divorce Act. If the husband or wife withdraws from the society of the other without sufficient reason, the other party may make an application for the restitution of conjugal rights. An application of alimony pendente lite may be made in the case of the restitution of conjugal rights under the Myanmar Divorce Act. The wife may also apply for maintenance under the Code of Criminal Procedure in case of separation. However, the monthly allowance for the maintenance of the wife may not be exceeded fifty thousand kyats. On the other hand, the sum of alimony may vary as per necessary subsistence without the husband’s income. If the wife wishes to receive hesitation, she may make an application under section 488 of the Code of Criminal Procedure. On the other hand, if the wife, an application for damages may may be claimed by the PS ofthe ebildren rather than oa of settlements» ay ‘ : In the cas? stlements made by the partes shall be taken into jal set settlements oF post-auptiat $T ge settement is important the Court has the power gh the om ideration. Al fi a the marriage settlement to alter marriage is dissolved on the ground of adultery of the be made by the husband. Although the damages i f damages should be focused to the benefit settlements such as ante-nuptial accordance with the Myanmar Divorce Act and > |isthe discretionary power ¢ f the se imoni iy g t0 the matrimonial causes op s is po ‘ 2 eo 4 PE Fhe oe: jae rons a“ Myanmar Divoreg A Sit must be gee, dUetions wil : ced x rocedures q it The P relating 10 the , 2cordange i i On fo, 5 seme oe Cannot be dissolveg 4 nial p ings Y the High Court. M Without rOceedings are “7 Sreover; the decree the decree of the District Of the Dieu: py the High Court under the Myanmar pa the Districg ee ee Act. It ig pivoee Act which is the applicable law in My, marriage, an application may be made to the Court, There must be matrimonial fault on either a ae must be innocent Party and guilty party. Even if both of them wish to dissolve their marriage, they may not disolve ter manag if both of them are innocent without matrimonial fault under the Myanmar Divorce Act. The right of a married woman is protected by the Married Women’s Property Act. The wages and earnings of married woman acquired or gained by her shall be deemed to be her separate property. The property of the couple shall be deemed to be separate property. The principle of separate use shall also be found in section 20 of the Succession Act. No person shall acquire any interest or become incapable of doing any act by marriage. As regards property rights, it is found that there is equality \d woman. oe yperty rights, it would be necessary to point out that the me gether after marriage. As they cohabit with each perty they bought and used together though the x Christian couple. It would be better if there are i f them. wuired or owned by both of eame ae the child can be found in ora pee «ons relating t0 the custody of the chil Lig “eee the Guardians and Wards Act. If the father and well a5 i tod) : “ suit oF matrimonial proceedings, an order for = z f ay Divorce Act. On the other hand, 5 the Myanmar the mother are parti de under be mat imonii i if the ies to the matrimonial suits and if of the children may s smother are not parties although the ie husband and the wife my live to other, there might be some i principle of separate use applie the Myanmat D! =.ajonship is necessary for the chitg, an plies ’ On for ” pe made under the Guardians and Wad Aso the custody Of children, they sideration by the Court. The first ead oie by teeGa ee Law. Even the chs interests o sey a deemed not suitable for the child? Suardianshin ofthe ki It of the g F ystody> maintenance and education of the children With respect to the succession of ae itthinks fe applicable law of succession for Christians in My MMS, the Succession Act is the be divided into testamentary Succession and in /anmar, vil, the property shall be divided in accor ties i i with suecession and if there is no valid file he with the provisions of intestate suc on As regards succession, it can Siiecauss Christians can make the will . ee dance with the Success ® and dispose of their properties by will. In cordance with the i is "i wala ion Act, there are privileged will and unprivileged will. A will must be in writing except in the case of privileged will. A will can be made oral only in a privileged will. If there is a will, an application for probate shall be made by the executor appointed by the will. Probate is granted in order to fulfill and implement the wish of the testator. Probate shall only be granted to the executor appointed by the will. Under the Succession Act, the heirs can be classified into three types. They are (1) the spouse, (2) lineal descendants and (3) the kindred. In intestate succession, if the intestate left a widow and lineal descendants, the i . Tf th a shall be divided between the widow and the lineal descendants. le a dant, the property shall be divided between the widow intestate has no lineal descen : the intestate has no widow, the property shall go to the lineal and the Kindred. IF os no widow and Kine! desendant the propery shall Eo descendants. Ifthe intestate og a the rules of success cher kindred. The mother, = over the mote es to the rules of succession. When the surviving heirs are only position — e ei nearest degree shi the remot? es nearest AeBTee: the kindred? a, sion between the kindred, the father has priority brother and sister are in the same all be reckoned and the property shall go toIn intestate success) On, the hei, it mug to inherit the z osdet oll ae ae ie the leimat hei ofthe clude adopted cl dren: or illeots Ssion Act, intestate in i * illegitimate children, An The Suocession Act deg 2 i * AN adopted or illegi ‘0 inheri Or illegitimate chita i letit the Property of the q te im is sed lying a vi pot af heir entitled, on intestacy Christian. ; There shall be a grant of the letters i of the property. The grant of the Hes minister the pro . ad a Property and not to deteriorate pro administration, the administrator shall obtain ia By the grant of the letters of wer to keep and administer the 4 m the grant aa If there is a will, an application foy ae Court. However, f administrati ; a, to avoid the deterioration ‘ministration is in order to keep and property. However, no title is obtained froy idole the grant of probate shall be made to the naeeill application for the grant of probate shall not be made — we Such as no executor, an application for the letters of administration with the will annexed may be made under the Succession Act. An executor of probate is appointed by the will of the testator. On the other hand, the administrator of the letters of administration is appointed by the order of the Court. Moreover, an application for the succession certificate may be made in order to bring a suit relating to the payment of debts to the deceased persons under the Succession Act. In the case of the succession certificate, the issue relating to the title of the property shall not be taken into consideration and the proceeding of the case shall go in a summary way. If there are conflicts between the heirs, any one of them shall institute a suit for administration against other heirs in respect of the title and the shares of the heirs erty. The shares of the property shall be decided in accordance with the : rnich is the applicable law of succession for in the props rules mentioned in the Succession Act w! ‘Act which is the law of succession for Christians in ee rocedural. It provides the Christian to freely write a will. lity that there js a disproportion in the shares of the dispose of his or her property #s he or she person should have the right of disposition of his The Succession Pye wilatte testator ropriate because & and he should also have the right to distribute the as he wishes oo sam in his will irs bs nama ee i owned P'The law of succession May be a yee 4 on sold ened yr PR py qconed bY BMA PON Shou have a9 POM nd yyy testa suocession, the rules are Tational rules sent i om op. ae cildren shall enjoy the tight of succession OF only he spouse ut aso The family law applicable tp Christians in 14 Marriage Act, the Myanmar Divorce Act, the cutee nh Chin succession Act and the Married Women’s Property Act = se oie ines. In colonial times, there were Chistins who wee foreigners, Indian Christians and native Christians in time, most of the people who live in Myanmar ae native Christians, Therefore, it would be better if the provisions of those laws ae in ine with the neesses of ative Christians in Myanmar, Moreover, it would be better if there are enactments that specifically provided for native Christians, To sum up, as regards the family law applicable to Christians in Myanmar, from a social point of view, those laws can be seen as stringent. However, from a legal point. of view, those laws are systematic and organized laws. The essence of marriage union and the importance of building up a family can be seen in those laws.