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J. Raj george (Executive)     23 June 2021

Legal heirs under Indian succession Act

After the life time of a Christian woman if she has no children, the property inherited from her mother will go to whom, in both cases when husband is alive and husband is not alive.


 4 Replies

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, if after the life time of a Christian woman when she has no children, the property she had inherited from her mother will be inherited as per Indian Succession Act, 1925. According to Section 30 of the Indian Succession Act, 1925 the definition of intestate succession is described. It states that if a person is deemed to die intestate in respect of all property of which he/she has not made a testamentary disposition which is capable of taking effect. Thus any property which has not already been bequeathed or allocated as per legal process, will, upon the death of the owner, insofar as he is an Indian Christian, will devolve as per the rules contained in Chapter II of the Act. The property of a person who dies intestate will be bequeathed to the spouse of the deceased, or upon those who are kindred of the person deceased. Chapter II of the Indian Succession Act provides for the order and the concerned rules for the devolution of the estate and the share to be allotted to the heirs. This will be applicable if the intestacy is either total or partial. Total intestacy is where the deceased does not effectively dispose of any beneficial interest in any of his property by will and partial intestacy is when the deceased effectively disposes of some, but not all, of the beneficial interest in his property by will. The laws of Succession in Christians are same for both the genders. For the Christian widow or widower inherits one-third share and the rest goes to the lineal descendants. If there are no lineal descendants then half goes to the widower and the rest to other relatives as given in kindred. However, if the intestate has left no kindred, then the whole property would be inherited by the widow. 
Hope this answers your query.
Regards
Nirali Nayak
Law Student

J. Raj george (Executive)     29 June 2021

Definitely the same answer I wanted Thank you very much Sir, one more clarification is whether the kindred is from common ancestor of the deceased from mother or father side or from his or hers spouse side.

Vasundhara Singh (Student)     29 June 2021

 Hello!  

The succession of property among Christians is governed under the Indian Succession Act, 1925. Section 24 of the act deals with the concept of kindred and consanguinity and defines it as the relation of persons descending from the same ancestor.  

Section 25 of the Act, talks about lineal consanguinity which means descents from a direct line.  

Section 26 talks about collateral consanguinity which means where people descent from a common ancestor but they are not a direct line of descent.  

The Christian law does not make any difference between the relations through father or mother.  

Section 33, 33-A, 34 of the Act governs succession to the widow or widower. They said that if the deceased has left behind both a widower (in your case) and lineal descendants, then the property will be divided as one-third of the property will be given to the widower and two-third will be divided among the lineal descendants. If there are no lineal descendants, then one-half of the estate goes to the widower and the rest one-half to the kindreds. If there are no kindred, then the whole estate is given to the widower.  

If the widow or the widower is not alive, then the whole property of the deceased is given to the lineal descendants.   

Regards  

Vasundhara Singh  

  

J. Raj george (Executive)     30 June 2021

Madam/ Sir,
Thanks very much for the clear clarification

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