Inheritance of maternal ancestral property
Tom
(Querist) 01 August 2012
This query is : Resolved
Sir,
my mother acquired some ancestral property from her father. Is there any legal right for her children to acquire it as per Christian Succession Act? does she have the right to give it anyone other than her children by a "WILL"?
prabhakar singh
(Expert) 04 August 2012
There is no such concept as surmised by you about "ancestral property" among Christians.
Largely they are governed by Indian succession Act 1925.
But there are some exceptions to be noted as the Native Christians in the province of Coorg in the erstwhile state of Mysore were exempted from the application of the provisions of the Indian Succession Act.
The Khasis and Jaintias in the Khasi Hills and Jaintia Hills in North East India were also exempted.
The Mundas and Oraons in the province of Bihar and Orissa are also exempted from the application of the provisions of the Indian Succession Act.
By virtue of the provisions of the Goa, Daman and Diu (Administration) Act, 1962, it is the Portuguese Civil Code and not the Indian Succession Act that applies in Goa.
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In Pondicherry, the French Civil Code still survives as per the provisions of the Treaty of Cession. And the Garos of Meghalaya are also not subject to the provisions of the Indian Succession Act and they follow their customary matrilineal system of inheritance. This protection is granted by the Constitution of India and also by Section 29(2) of the Indian Succession Act, 1925.
Then how to answer such an incomplete query?
