aniln (none) 04 September 2013

Christian Succession: Married Twice, Children from Both Wives

Hello all,

This is regarding indian christian succession law. My mothers side of the family are christians and they have an ongoing crisis.

----------------
All of the below are christians from mumbai and property is also in mumbai.

My maternal grandfather married his first wife but she died of an illness. They had 3 kids(two sons and a daughter)

Then my maternal grandfather married again(second wife). They had 4 kids(2 sons and 2 daughters).

Finally my maternal grandfather passed away in 1983 without a will.
--------

There are total 9 members in this family. 3 have passed away. 6 are alive.

1) First wife: A1 (deceased: illness)
2) First wife son no1: A2 (deceased: illness)
3) First wife son no2: A3
4) First wife daughter: A4

5) Second wife: B1
6) Second wife son no1: B2 (deceased: illness)
7) Second wife son no2: B3
8) Second wife daughter no1: B4
9) Second wife daughter no2: B5

Lets say the size of immovable property is 3000sq ft. How will this be divided as per indian christian laws. And will the 3 deceased also get a share?

Thank you and regards
Anil

Reply Follow

3 Replies

aniln (none) 04 September 2013

Section 33 of succession act says that widow gets 1/3rd while the 2/3rd is divided between children.

But there are two wives. First one died a long time ago and the second one is still alive. Will the second wife get 1/3rd?

Please explain my confusion.

Namita Agarwal (---) 05 September 2013

The second wife, who is still alive will get the 1/3 and the remainig 2/3 shall be divided among his children. If the children who have expired, i.e. A2, B2 died leaving behing any children, such children will also have a share in the property.

1 Like

aniln (none) 05 September 2013

Namita Agarwal,

Thank you for the prompt reply