• Division in grandmother's property

I am a Christian.  We have a property of my grandmother. My grandmother had two children, a son and a daughter. They had their own families. My grandmother and her children have died intestate.  Out of 5 grandchildren, 3 are alive. My question is : 
1) whether the property be divided into two equal parts - or (i. e. Grandmother's 2 children) 
2) whether the property will be divided into 3 surviving grandchildren equally - &  
3) Any share of the property will go to the dead grandchildren's descendents. 

Please quote the Section applicable to your reply according to Indian Succession Act 1925.
Asked 5 months ago in Property Law from Bangalore, Karnataka
Religion: Christian
Hello,
1) The property has to be divided into three equal shares among the grandchildren alive.

2) The dead grandchildren's descendants shall certainly have a share in proportion to what their previous generation would have inherited. Therefore if those descendants were born of the two deceased grandchildren then the property would have to be divided into 5 equal shares and the great grandchildren would receive their proportionate share.

3) Section 38 of Indian Succession Act 1925 of applicable in the instant case.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
When dog grandmother die? 

When did children die? 

Whether husband or wife of the children are alive or dead ? 

Kindly state complete facts of case 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
On demise of grandmother her property would devolve on 2 children 

2) on demise of son his share would devolve on wife and their children 

3) on demise of daughter her share would devolve on her legal heirs or her children 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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.

As per section 30 of the Indian Succession Act, 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.

with reference to your case, as per section  25, it  qualifies ‘lineal consanguinity' with regard to descent in a direct line.

 Under this head fall those relations who are descendants from one another or both from the same common ancestor

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.

As per Sections 36-40 of the Act, the heirs to a Christian shall take his property as tenants-in-common and not as joint tenants. 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. 

In your case neither the widower nor the direct lineal descendants are alive hence the other kindred descendants who are alive shall acquire the properties. 

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Pls mention the section's applicable to your answers. It will be very helpful.

You can see those sections that are included phase wise to my answers.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Which seems section is applicable to my question, pls reply.

The sections 34 to 40 of the Indian succession ct, 1925 shall be applicable to your case. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Very long back grandmother died, later on her children died in late 90's.  Children's husband/wife is also dead. Only grandchildren are there now.

This will come under kindred descendants and the proper provisions of law are given from  section 33 onwards till section 40 of the Indian Succession Act, 1925, which may be perused.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
he law of intestate succession under S. 32 of indian succession act 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. However, as aforementioned, the Act recognises three types of heirs for Christians: the spouse, the lineal descendants, and the kindred

2)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.

3)If the widow is still alive, the lineal descendants will take two-thirds of the estate; if not, they will take it in whole. 

4)s 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. 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
As per the Indian Succession Act,the lineal descendants of the widow(sons and daughters)alone are entitled to succeed. In cases where an intestate has no child, but only has grandchildren and no other remote descendant, the property shall go equally to the all the grandchildren.

Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0