Legal Question in Real Estate Law in India

indian christian succession act

How will the property of a Christian wemen be distributed after her death in case the person has not left a will?


Asked on 8/03/01, 3:56 am

2 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: indian christian succession act

The Property of Christial Woman will be distributed according to the Indian Succession Act. The relevant section reads as follows:

Sec: 32. Devolution of such Property.

The Property of on Intestate devolves upon the wife or husband or upon those who are of the Kindred of the deceased, in the order and according to the rules hereinafter contained in this chapter.

Explanation: A widow is not entitled to the provision hereby made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's relative.

Sec 33 WHERE INTESTATE HAS LEFT WIDOW AND LINEAL DESCENDANTS, OR WIDOW AND KINDRED ONLY, OR WIDOW AND NO KINDRED.

Where the intestate has left a widow:-

(a) if he has also left any lineal descendants, one third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained;

(b) save as provided by section 33A, if he left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the rules hereinafter contained;

(c) if he has left none who are of kindred to him the whole of his property shall belong to his widow.

Sec 35 reads as follows.:

RIGHTS OF WIDOWER.

A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband's property, if he dies intestate.

NOTES: Under the present section husband can take only half if the wife dies intestate without leaving any lineal descendant. But in the absence of any next of kin the husband would take the whole of her property.

The above part explains your question.

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Answered on 8/06/01, 9:07 am
Satish Maheshwari Vakilbabu

Re: indian christian succession act

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 8/16/01, 2:56 pm


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