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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.

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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.
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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


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Added later:

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.



Learning

 1 Replies

Namita Agarwal (---)     05 September 2013

The second wife who is alive will get 1/3 of the share as per the Indian Succession Act.  The remaining 2/3 will be divided among the 5 children.  If any child of A2 or B2 is living, such child will also have a share.


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