Upgrad LLM

mothers inheritance


Dear sir,

( My family is   christian  )
My mother died few years ago without any will. She had a piece of Land in her name. After my mother expired, few years later my father constructed a home over the piece of land which was registered on my mothers name.  My mother had two children , i am Younger son and i have an elder sister. A couple of years  ago my father married another woman . Now this woman (  my present stepmother) has a daughter and this daughter is not from my father.  My question is this : Will the stepmother and her daughter have any share in the Home and over the piece of land ? .

I have heard that the whole property will be between Me and my Elder sister, And not  even my father will  have any share in the property.

 

Please help me with your expert advice and Help. Thanking you sincerely.

Biju Varghese

 
Reply   
 
Lawyer in Hyderabad.wats app no.9989324294

Every law of succession defines the rules of distribution of property in case a person dies without making a will. The Christian Law of Succession is governed by the provisions in the Indian Succession Act, 1925. However, with respect to Indian Christians, the diversity in inheritance laws is greatly intensified by making domicile a criterion for determining the application of laws. 

S. 33, S. 33-A, S. 34 of the Act govern succession to the widow. Together they lay down that if the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widow. Where, however, the intestate has left a widow but no lineal descendants, and the net value of his property does not exceed five thousand rupees, the whole of the property will go to the widow - but this provision does not apply to Indian Christians.

S. 35 lays down the rights of the widower of the deceased. It says quite simply that he shall have the same rights in respect of her property as she would in the event that he predeceased her (intestate)

 
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Advocate

Learned advocate Mr. Ramachary has very clearly explained the legal position, I agree to his views.

 
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