• Heirship ratio of predeceased divorcee Christian man

What is the ratio in which the share of the ancestral property of a predeceased Christian man is divided among the predeceased man's heirs? Who are the legal heirs when the deceased has one divorced wife and has married a second time after the divorce. The deceased has a son through his first marriage (the first wife is divorced). The deceased also has a son through his second wife (now his widow who is neither divorced nor remarried).
Asked 9 months ago in Property Law from Jhansi, Uttar Pradesh
Religion: Christian
1) there is no concept of ancestral property among christians 

2) divorced wife would not have any share in deceased property 

3) on his demise his son from first marriage , second wife and son would be the legal heirs 


4)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

Ajay Sethi
Advocate, Mumbai
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1) Laws of succession applicable to Christians and Jews; for the intestate the governing law is the Indian Succession Act, 1925 specifically under section 31 to 49 of the Act.

2) section 33.of indian succession act 

 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-third 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

3) yes widow will receive one third share and balance 2/3rd will devolve on the 2 sons
Ajay Sethi
Advocate, Mumbai
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There is no concept of ancestral property in Christians. On the demise of a Christian make his property will devolve equally on his heirs i.e his widow and children. The legal relationship between husband and wife is severed after divorce but his children born from the wedlock remain his heirs. So his heirs in your case will be children from first marriage, his widow and children born from second wedlock. 
Ashish Davessar
Advocate, Jaipur
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What is the ratio in which the share of the ancestral property of a predeceased Christian man is divided among the predeceased man's heirs? Who are the legal heirs when the deceased has one divorced wife and has married a second time after the divorce. The deceased has a son through his first marriage (the first wife is divorced). The deceased also has a son through his second wife (now his widow who is neither divorced nor remarried).

Every law of succession defines the rules of distribution of property in case a person dies without making a will. 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.
Despite these variances, the overall law for Indian Christians in effect is the Indian Succession Act of 1925, which will be dealt with in this project. It has been deemed “somewhat archaic and anachronistic” by certain legal experts, but it continues to be the only firm law in this regard. This Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred.The Domicile of the deceased plays an integral role in determining the method of devolution of his property. Upon and during subsistence of marriage, the wife acquires the domicile of her husband automatically.

As per 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 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. This is as per Sections 36-40 of the Act. Importantly, case law has determined that the heirs to a Christian shall take his property as tenants-in-common and not as joint tenants.

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. If there are no heirs whatsoever to the intestate, the doctrine of escheat can be invoked by the Government, whereupon the estate of the deceased will revert to the State.




T Kalaiselvan
Advocate, Vellore
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Also please help me with the name of the Act and the section that you have used to arrive at this conclusion.

It is Indian Succession Act and the sections dealing with this have been mentioned in my previous post itself. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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