Rights of a daughter in christian family law

esther (Querist) 17 January 2009 This query is : Resolved
Dear sir/madam,iam a daughter,i would like to know what are my rights in the property,earned by my mother,my father is not living with us, though legally not seperated from my mother. At the time of buying the property, she has got the properties registered in her sons [has got 4 sons and three daughters]names,saying that she hates to give anything to daughters.as they are already giving her a burden ,by getting us married,and both off my sisters were married in my mothers presence ,but i had to get out of the house and get married,mine is a love marriage,of course all the others also had a love marriage ,.now im perplexed as what is my position there ,im confused whether to ask or keep quiet.

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sanjeev murthy desai (Expert) 18 January 2009
Dear Esther,

Your mother has right to convey the said properties to any one like third persons also.

You don't have any rights in respect of Properties which were self acquired by your mother in the names of your brothers name.

sanjeev desai

esther (Querist) 18 January 2009
dear sir,my mother has some property yet in her own name,but what if without writing her will,she dies,.then what happens.thank you.

AEJAZ AHMED (Expert) 18 January 2009
Dear Esther,

In Christian law, intestate succession (when there is no will) to all property is determined by the Indian Succession Act. Thus, a man's widow and children (male/female) inherit equally. However, a man may, by will, bequeath his property to anyone, totally disinheriting his heirs.

AEJAZ AHMED (Expert) 18 January 2009
Dear Esther,

But, after consider Mary Roy''s case, where Mary Roy challenged the Travancore Christian Succession Act 1916. This states that in case of intestate property, the daughter was entitled to 1/4th of son''s share of estate or Rs.5000 whichever was less. This law applied to intestate succession of Christians, but excluded Protestants and Catholics living in some districts of South India, where the daughters got an equal share as that of sons. The Supreme Court of India did away with this anomaly of law and the judgment was given in Ms. Roy''s favour.

If you need the Judgment of Mrs. Marry Roys Case, I will provide you.

Adv.Shine Thomas (Expert) 19 January 2009
According to the present condition in Christian law if the father/mother dies intestate then the daughter is entitled to get equal share in their property.