• Christian succession act

My father inherited 16 cents land from his forefathers. Before his death, he had distributed the ancestral property as well as property purchased him. The ancestral property bequeath to my mother only by showing against dowry brought by her and other properties distributed equally. After the death my father, my mother given the property to my elder brother without any consent from me. My age was 13 at the time of registration of property by my father. Whether my fathers act to give ancestral property inherited from his forefather to mother against the dowry, mothers act to give the property my elder brother without consent of other children are correct or not
Asked 7 years ago in Property Law
Religion: Christian

3 answers received in 1 hour.

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6 Answers

there is no concept of ancestarl property among christians

2) your mother was absolute owner of property as her father transferred property to her by gift deed

3)your mother was free to gift the property to your eolder brother without your consent

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you would not get any reliefs from court in respect of regsitration of property in mother name

2) you do not have any share in said proeprty

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you can file suit to claim your share in proeprty but chances of getting reliefs from courts are bleak

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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. 30 of the Indian Succession Act, 1925 defines intestate succession thus: A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.

In your case the property left behind by the deceased was properly transferred by a testamentary disposition.

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.

A will is the expression by a person of wishes which he intends to take effect only at his death. In order to make a valid will, a testator must have a testamentary intention i.e. he must intend the wishes to which he gives deliberate expression to take effect only at his death.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

the inherited property registered in the name of mother during the year 1972 and now I can file a suit for my share.

In my opinion any such suit may not be maintainable because it has been registered on the name of mother in the year 1972 itself and has been in her possession and enjoyment ever since hence indisputable.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Can I file a suit in the appropriate court of law for my share or otherwise.

The success rate will be very less because the property already stands transferred by the title holder to another person of her choice which indicates that she is the absolute owner and she can dispose the property in any manner, thereby no chance of any share or right for anyone in the property.

You may consult a local lawyer by producing the relevant property papers/documents and seek his opinion.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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