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Prakash   12 December 2017

Ancestral property rights and legal heir

My grandfather's property was divided among his two sons equally as there was no will written by my grandfather. My grandfather and grandmother are no more. Now his eldest son that is my uncle passed away few months ago leaving no will. He is married but has no children. His wife is alive. His brother i.e my father is alive. In this case who will be the legal heir of  his ancestral property and self earned property. We are Indian christians. Will my father have rights in the ancestral property as there is no will.


 2 Replies

SurYansh Mishra   12 December 2017

Your Uncles wife and Your father will be the beneficiary for the Ancestral property and if theres no will for the Self earned property. I thnk it has also to be divided in to two parts equally.

Krishnapur Ananth Nagamani (Advocate)     22 April 2018

succession amongs Indian Christians is governed by Indian Succession Act, 1925. Relevant sections are in Part V

A widow is not entitled to the provisions of S. 33 the Act made for her if, by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate.

By S. 33(b), since your uncle has left no lineal descendant (no children of his own), but has left one brother, one-half of his property shall belong to his widow, and the other half shall go to his brother.

But S. 33A provides that since your uncle died intestate in the whole of his property and value is more than Rs 5000, his widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent. per annum until payment. This shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestate's property.

The nett value of the property shall be ascertained by deducting from the gross value thereof all debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and charges to which the property shall be subject.

Therefore paries have to arrive at the nett value of the property, give the widow  Rs 5000 with interest till date of payment and divide the balance property as per S. 33 one half to each of the widow and his brother.

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