• Land inheritance as per Christian law

Hello Sir,
I belong to a Christian family from Tamil Nadu, me and my mother are living separately for the past few years after she got divorced from my father.but now it seems he is planning to sell a ancestral land which is registered in his name by his late father, can I claim any rights to the land as per Grand father-grand son inheritence rights as per Christian law?
Asked 8 years ago in Property Law
Religion: Christian

3 answers received in 30 minutes.

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11 Answers

1) there is no concept of ancestral property among Christians

2) your father is at liberty to sell the property inherited by him without your consent

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

The succession amongst christians is governed by Indian Succession Act and to the best of my knowledge there is no concept of ancestral property in the same.

All property owned by an individual, irrespective of the mode of acquisition, the) mode of acquisition is treated as the individuals’ self-acquired property and is free to dispose-off the same in any manner during his lifetime.

Regards

Let me know if further discussion is required.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hi.,you can claim your share by filing a civil suit for declaration and also attaining a stay order to restrain her from selling the land

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Any land which is already registered in the name of your father, is his self acquired property.

Your father is free to dispose of his self acquired property in any manner as per his wish.

You cannot stake a claim in this land.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will or sale/gift.

But law treats both types of properties (ancestral & self-acquired) very differently. So, it is very important that you identify a property as either self-acquired or ancestral (acquired by great grand father),

File for partition.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

n order to succeed under Section 37 of the Indian Succession Act, a person must be a lineal descendant, which means that he must be connected with the deceased by way of lineal consanguinity as his descendant in the direct line.

Being a grandson, you have rights to claim a share.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

If you challenge your father's title, you have to prove it is his ancestral property and not his self-acquired one. The recital in the sale deed registered in the name of your father has to be examined.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. Unlike Hindus there is no concept of ancestral property in Christians. Christians are governed by the Succession Act which contemplates only those relationships that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow.

2. So during the lifetime of your father you have no share in his property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you will get per capita share as per Indian succession Act 1925. But check for any ancillary law and customary law prevailing in your community in Tamil Nadu.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since the property has been transferred on your father's name in all the records, it becomes his own property.

It will be he the only person who is an absolute owner of the property.

There is no such thing called ancestral property in Indian succession act in respect of Indian Christians and also there is no joint family property system

Your father can dispose the property in his possession as per his will and wish during his lifetime.

You cannot claim any share in it as a right.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi,

You may claim the share, subjected to certain conditions.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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