Christian Succession

J K Agrawal (Querist) 03 January 2011 This query is : Resolved
A Christian died unmarried leaving two brothers and two sisters (Mother Father died already). One sister married earlier with Hindu and converted in Hindu. He left behind movable and immovable properties.
Respectfully will you please clarify That
1. That who are the successors 3 persons or 4.
2. How the heirs will get good title?
a. By an application for succession certificate for movable property and by one more application for letter of administration? ( I think these both do not provide title)
b. By Civil suit for declaration? ( but it involves heavy court fee and further if we go for declaration than each and every body in India has to seek it to get their parental property.)
c. By suit for partition ? (without seeking declaration).
d. Any other mode please ?
3. That if application for succession certificate is already pending, a suit for Partition of Declaration is barred by res judicata?

Any citation of section or judgment will be much obligatory to me.

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Guest (Expert) 03 January 2011
1. the conversion of religion severs the right of succession
2. The heirs will get title if they file a suit for partition among themselves
The principle of resjudicata will not apply to pending poceedings.
The only remedy is to file a suit for partition and separate possession.

s.subramanian (Expert) 04 January 2011
You need not seek declaratory relief. You can directly sue for partition. The succession certificate proceedings cannot be useful for the immovable properties.

J K Agrawal (Querist) 04 January 2011
Thanks sir

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