• Inheritance of property - Christian

Dear Sir/Madam,

My father and step-mother have not created a will. They don't have any children on their own. I am the son from my father's first marriage, and my father remarried after my mother's death. My step-mother does not have any children, but has bothers and sisters.

The main assets are:-
1) House 1- purchased by my father before marrying my step-mother
2) House  2 - purchased after my father's second marriage, jointly owned by my father and step-mother
3) Bank account 1 - in the name of my father, with my step-mother as nominated beneficiary
4) Bank account 2 - jointly owned in the name of my father and step-mother

I have the following two related queries:-
1) In the event my father dies without a will, how will the assets be distributed? 
2) In the event my father dies first and then my step-mother dies without a will, who will inherit the assets?
Asked 1 year ago in Family Law from United Kingdom
Religion: Christian
1)Under The Indian Succession Act Where an intestate has left a widow and if he has left lineal descendants, that is, children  1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. 

2) house 1 will devolve on your step mother and you 

3) father share in house 2 will devolve on you and step mother 

4) as far as bank accounts are concerned nominee is only trustee for legal heirs and you and your step mother would inherit the amount lying in said bank accounts
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) your step mother one third share on her demise will devolve on her brothers and sisters since she has no lineal descendants 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
 1. You will legally inherit all the properties standing in the name of your father,

2. You will also inherit the properties standing in the name of your your step mother since you are the only legal heir of her husband's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
You will inherit her properties since you are the only surviving legal heir of her husband's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. All the movable and immovable properties of your father will be inherited by his wife and you after his demise if he does not make a will. 

2. After the demise of your step-mother you will inherit her movable and immovable assets.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Asper Indian Succession act 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.

 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. 
If your father dies without a will or any arrangement, the above process shall be followed. 
Being a step mother and also a widow the  same rule applies upon her intestate death too. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Since you are the only son you will inherit all the assets. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
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