Succession Rights of a widow
Querist :
Anonymous
(Querist) 27 May 2011
This query is : Resolved
Hello experts, please put some light on the rights (succession)of a Christian/Muslim widow with respect to undivided property.
If it is true that the Christian/Muslim personal laws do not provide for a widow then how can she protect her rights & privileges with regards to an undivided family property. I could not find the answer in the Indian succession Act. Please do let me know if I have missed out on the relevant section/topic in ISA.
References and case laws will be appreciated.
adv. rajeev ( rajoo )
(Expert) 27 May 2011
I am not perfect about christans. In mohd., law widow will get share in the ancestral property, if the propositus dies without making any partition, but if the husband of the widow dies before the propositus then widow and her children wont get any share in the properties because theory of exclusion comes.
Guest
(Expert) 27 May 2011
Christians in India have had different laws on succession. The British Indian Government enacted the Indian Succession Act of 1865 on the recommendations of the 3rd Law Commission. This Act was intended to be applied to different communities in British India who did not have a law of their own in matters of succession. It was specifically provided that it would not apply in the case of Hindus, Muhammadans, Buddhists, Sikhs or Jainas. But its provisions were to apply in the case of Christians.
An authoritative exposition and critical analysis of Christian law of succession in India is given in the book "Christian Law of Succession in India" by Advocate Dr. Sebastian Champappilly.
According to that succession Act for Christians, a daughter-in-law has no right of succession to the estate of her intestate father-in-law. However, where the intestate has left a widow, and where there are no lineal descendants, the widow's share is one half of the estate of the intestate, as is provided under section 33(b).
Can't say about Muslim widowed daughter-in-law's right for inheritance.
Querist :
Anonymous
(Querist) 27 May 2011
I seek the following clarification,
Adv. Rajoo: a]Is the propositus and the husband of the widow the same person? An illustration will be of great hep
b]What is the exclusion principle please elaborate.
Also, how can a woman [D-I-L]in the unfortunate event of being widowed save herself from destitution & vagrancy under the Muslim Law?
Mr Dhingra:a]The intestate leaving behind the widow is the F-I-L?
b]what happens to the other half when there are no lineal descendants? and
c] what happens if there are lineal descendants?
Also, how can a woman [D-I-L]in the unfortunate event of being widowed save herself from destitution & vagrancy under the Christian Law?
Thanking you in anticipation.
Guest
(Expert) 27 May 2011
Dear Anonymous,
The answer was according to your original question, as you asked for the succession rights of a widow. I don't think experts are here to make instructor like teaching to students on each topic and again provide subsequent questions on a particular law. Any section is never complete in itself and has some or the other link to several sections of the law. So, queries after queries can arise.
I hope the author of the question is also required to take care of the time of experts and post questions pertaining only to some specific and real problem and should not expect to be coached like a student on complete law system.
I have already provided a clue to the book on the specific law. So, if you need detailed study of Christian Succession Act in India, you may better read "Christian Law of Succession in India" by Advocate Dr. Sebastian Champappilly, as may be available in the market from law book sellers.
Querist :
Anonymous
(Querist) 29 May 2011
Thank you so very much Mr. Dhingra for your response.
Querist :
Anonymous
(Querist) 29 May 2011
Thank you so very much Mr. Dhingra for your response.
