• Christian women property right

My grand father(died in 1961) and Grand mother died in (1994) with out any will about their properties. My Grand parents have 4 sons and 3 daughters. One of My aunt married in 1974 and given a house as seethan for marriage and she sold it later. Now she is asking equal rights in her father and mother property.
Asked 6 years ago in Property Law
Religion: Christian

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6 Answers

On demise of parents sons and daughters have equal share in property

2) merely because she was given some property during lifetime does not dis entitle her to inherit property on patents demise

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

First wife grand children canclaim rights of the remaining properties

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

1.Grand children cannot claim share on the property. As per the Indian Succession act, after the death your grand father the properties would devolve upon his wife and children, 1/3 of his property shall belong to his wife and the remaining 2/3 shall go to the lineal descendants. When your grandfather died, the first wife was no more, therefore his second wife would get 1/3 share and children of first and second wife's would get equal share in the remaining 2/3 share. If any of the his son or daughter is no more then the grand children would get the share allotted to thier respective parents. 2. The daughter who was allotted a house during her marriage cannot claim the equal share. But she can claim share if she was received a small property as her share during the time of her marriage.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

Intestate Succession Among Indian Christians. 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.

As per Indian succession act, S. 2(d) of the Act defines an “Indian Christian” hereby: “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion.

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, devolve as per the rules contained in Chapter II of the Act.

the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred.

If the widow is still alive, the lineal descendants will take two-thirds of the estate; if not, they will take it in whole. Per capita (equal division of shares) applies if they stand in the same degree of relationship to the deceased.

Importantly, case law has determined that the heirs to a Christian shall take his property as tenants-in-common and not as joint tenants.

Therefore the Stridhan paid to the daughter during her marriage cannot prohibit her from claiming her legitimate share in the property of her father.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

My grand father had 2 wifes(2nd wife married after 1st wife death). 1st wife had 3 children(1 son and 2 daughters). Partition done between 2nd wife and 1st wife son. In the release deed (Year 1965) 1st wife son undertook to take responsibility of his sisters on property rights. But the release document was not registered. Now 1st wife daughters expired. Whether 1st wife grand children can claim rights of the remaining properties(retained by 2nd wife children)

The property was partitioned in a family arrangement into two parts, one part with the son of the first wife and the second part with the 2nd wife.

Thus any claim that can be made by the daughters of the first wife shall be restricted to the share inherited by the son of the first wife.

If the grandchildren do not recognise the release deed, then they may file a partition suit with the share of properties the son of the first wife inherited.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

If she has given her share then she can't again demand her share. You need to determine that whether the earlier Property given is her share or not.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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