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inheritance indian success ac

Executive

Legal heirs of Christian women in the property inherited from her mother in the absence of children . whether her husband or hers of her mother. please tell me sirs .

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Her husband is entitled to inherit.
 
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Adv P & H High Court Chandigarh

As per section 37 of Indian Succession Act, 1925, husband of such deceased Christian lady shall be entitled to inherit the properties left by her.

 
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Advocate

The Christian Law of Succession is governed by the provisions in the Indian Succession Act, 1925.

The law of intestate succession under S. 32 states that: The property of an intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. However, as aforementioned, the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred

 
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Executive

Thanks very much sir Sec.32 ok sir
 
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Advocate

In my understanding, inheritance shall be governed by the provisions of Section 33 (b) and (c) read with Section 35.

Section 33.   Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. Where the intestate has left a widow--


(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained;
(b) 1[save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained;
(c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow.

 

 

Section 35.   Rights of widower. A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband’s property, if he dies intestate.

As such, the widower shall inherit half of the late wife's property if there are kindreds to her and the whole of the property, if there are kindreds. To my knowledge, unlike the provisions of the Hindu Succession Act,it is immaterial whether the late wife had inherited the property from her mother.

 
 
 
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Executive

ok sir thanks. In some ruling in order to protect women I remember the property from parental side will go to heirs of her parents.like that.
 
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Advocate

You are welcome for your appreciations.

You can revert with citation what you refer here to share it among the experts here for better udnerstanding and for more opinions.

 
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Advocate

 

 

Yes, there is a provision to this effect under Section 15(2) (as underlined) of the Hindu Succession Act: 

Section 15.   General rules of succession in the case of female Hindus.

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,


(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;


(b) secondly, upon the heirs of the husband;


(c) thirdly, upon the mother and father;


(d) fourthly, upon the heirs of the father; and


(e) lastly, upon the heirs of the mother.


(2) Notwithstanding anything contained in sub-section (1),


(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon the heirs of the father; and


(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.


As already stated, this provision is of no application in respect of inheritance among Christians which is governed by the provisions of Indian Succession Act.

 
 
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Executive

ok sir thanks
 
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