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shyam lal   25 June 2022

Inheritance law

What does the following mean in layman's language....the case law
has determined that the heirs to a Christian shall take his property as tenants-in-common and not as joint tenants.


 2 Replies

KUNAL   27 June 2022

it means that according to the prevailing case law cited, upon demise of a Christian man, his legal heirs will inherit his assets according to Christian law. But in case of joint tenancy/survivorship, only the survivor will inherit his assets.

Example of tenant in common: John & Jane purchase a house jointly. After John dies, John's heirs inherits his house as legal heirs

Example of joint tenant: John & Jane purchases a house jointly. After Join dies, as his survivor, Jane inherits his share as tenant in common.

Anila Sabu   27 June 2022

The practise of passing on, or rather transferring to a person's legal heir's possessions, titles, debts, rights, and duties upon that person's passing is known as inheritance.

It is usually a will or the laws of succession that dictate this.

Religions, cultures, and local communities all have different laws governing inheritance.

Furthermore, in response to your query, the above-mentioned statement talks about the inheritance of property under Christian law.

Here lineal descendants (i.e.  the direct descendants of a person, such as children, grandchildren, and so on) will receive two-thirds of the estate if the widow is still living. If not, they will receive the entire inheritance.

However, if they have a similar degree of relationship to the deceased, per capita (equal division of shares) applies.

This is in accordance with what is stated in Sections 36 through 40 of the Act.

A landmark case law has established that a Christian's heirs should inherit his property as tenants-in-common (a person who owns a building or land with at least one other person) rather than joint tenants (a person who holds an estate or property jointly with one or more parties, the share of each passing to the other or others on death).

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