• Ancestral property of husband after death of childless widow

My father (Kerala Christian)died intestate leaving 6 children . 1 of them died childless soon after his wife to died a year later intestate. Does the widow's surviving family have a right in my father's ancestral property. 
 Also brother who died received through partition a share of our Mothers property earlier giver to her by her husband (my father). Does the interstate widow's family have a right in said above property?
Asked 4 years ago in Family Law
Religion: Christian

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17 Answers

Dear sir

Your brother and wife no more and doesn't have issues. Then their family can't claim the property.

For more clarity of opinion we need to see the documents and family tree. Feel free to reach us with documents.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

The immediate family of the wife will have the right on the properties of the widow and the father will be the first right holders is all the cases.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

As per the Indian succession Act 1925 the any Christin dieing intestate, his property will be divided as one third to the widow and rest equally to the children. The said position is confirmed by supreme court in many landmark judgements.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

there is no concept of ancestral property among Christians

2) 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 hereinafter contained in this Chapter.

3) 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.

4)As per S. 48, where the intestate has left neither lineal descendant, nor parent, nor sibling, his property shall be divided equally among those of his relatives who are in the nearest degree of kin to him.

5) on demise of widow her siblings would have share in deceased widow property

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

You may please go through the following basic principles followed by a link, which answers all your above questions elaborately and accurately:

Basic Principles Of The Christian Law Of Succession

The Concept Of Succession

Before venturing into a discussion on the Christian Law of Succession, we would do well to first make a preliminary study of what exactly succession is. Succession, in brief, deals with how the property of a deceased person devolves on his heirs. This property may be ancestral or self-acquired, and may devolve in two ways:

By Testamentary Succession, i.e. when the deceased has left a will bequeathing his property to specific heirs

By Intestate Succession, i.e. when the deceased has not left a will, whereby the law governing the deceased (according to his religion) steps in, and determines how his estate will devolve.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

https://www.lawteacher.net/free-law-essays/property-trusts/christian-law-of-succession.php

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

As per S.27 of the Indian succession act, for the purpose of succession, there is no distinction:- (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood;

As per S.37 of the act, Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.

As per S.42, living.-If the intestate's father is living, he shall succeed to the property.

As per S.43. Where intestate's father dead, but his mother, brothers and sisters

living.-If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.

As per the aforesaid provisions, the widow shall be entitled to the property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1) Yes in both property a widow has share as equal to her husband's share.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Surviving family of the widow will not have any right on the said property.

The family of the widow will not have any right on any kind of property that belonged to your father. The said property will devolve on 5 surviving children.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

If widow inherits property from in laws side, after her death her share will devolve in her child and if no child than legal heirs of in laws not in maternal sire.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

You must file a suit for separation and claim your share of the property.

Contact a local lawyer who may draft the same for you and file it before the court.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes the court will effect partition as per applicable laws in your case.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

You have to file suit for partition for division of property by metes and bounds

It would be divided as per provisions of Indian succession act applicable to Christians

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Please note since you are Christian you are guided by Indian succession act. As the husband and wife are dead their family cant claim right over property. Court will apportion the property according to applicable law.

S.43. Where intestate's father dead, but his mother, brothers and sisters

living.-If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.

Said property will devolve among rest five surviving members

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) As you mentioned above both the husband and wife are died. Then your brother's share will be distributed among his legal heirs, it does not have any legal heirs ( children), than to father , mother, brother or to relatives according to The Indian Succession Act, 1925. in our case section 34 & 40 applicable.

34. Where intestate has left no widow, and where he has left no kindred. -Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government.

40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead. -

(1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him.

(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall

belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Succession Act, 1925 will apply to your position:

Sec-32: The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased.

Sec-33:

33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.—Where the intestate has left a widow—

(a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained;

(b) 1[save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained;

(c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow.

34. Where intestate has left no widow, and where he has left no kindred.—Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government.

36. Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting the widow’s share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40.

37. Where intestate has left child or children only.—Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.

38. Where intestate has left no child, but grand-child or grand-children.—Where the intestate has not left surviving him any child but has left a grand-child or grand-children and no more remote descendant through a deceased grand-child, the property shall belong to his surviving grand-child if there is one, or shall be equally divided among all his surviving grand-children. Illustrations

(i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grand-children and no descendant of any deceased grand-child. Each of his grand-children will have one-ninth.

(ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate’s five grand-children, the children of John and Mary.

Thus the list extends, you may see how far this relates to your position.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

The property is in my father's name even during the widow's lifetime (she passed away two years ago). And the property in her husband's (died) name too remains in his name as of now. How can I proceed to partition the property. Will the court apportion the said property according to applicable laws or should I file a specific motion?

The property will be treated as property belonging to the husband only and not to the widow, however her share in the property shall devolve on all other entitle legal heirs as per the Indian Succession act, the provisions of law for distribution of the same can be found from section 37 to 40 of the Indian succession act, 1925.

You may consult a local advocate with all relevant papers and seek his advise and opinion on further issues.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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