• Claim in father in laws ;property

We are from a christian family. Parents are both dead without making any will. We are three brothers. 
Eldest brother also died five years back. He has left his wife and has no children. Recently sister in law filed a case claiming a part in my fathers ;property. Now court has called for compromise. She is asking for the complete share what her husband would have got. We are claiming S.37 of Indian Succession Act where it states that only children who are alive will get the share from the fathers property since.the child who is dead is issueless.  Please clarify whether we can contest on this section in higher court.
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Christian
The section 37 of the Indian succession act referred in your query is reproduced below:

 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.

By this the words "but no more remote lineal descendant through a deceased child"  is the trump card to you. The widow of the deceased child shall not be a lineal descendent , hence in my opinion she may not be entitled to a share in her father-in-law's property.

You may decide to prefer an appeal quoting the same provisions of law and if possible with the support of some citations of settled laws in this regard.
You may proceed as intended.
T Kalaiselvan
Advocate, Vellore
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299 Consultations

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Section 37 in The Indian Succession Act, 1925
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.

2) sister in law has no share in property and cannot claim her deceased husband share in the property of her father in law 
Ajay Sethi
Advocate, Mumbai
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2175 Consultations

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