• Inquriy and rules on Property Share for Christian Women in India.

Sir/ Madam,

My name is Henry, Bangalore. My mom and her sisters are looking for the rules to get their shares in the property (93 Cents = 0.93 Acre) of her parents (which was bought by her grandparents). 

My mother and her siblings (4 brothers and 3 sisters) wanted to sell their properties which belong to their grandparents. 

My mom’s brothers asked, all sisters to sign the documents stating, the property has to be in the name of single person in order to sell. They were not ready to sign, but they were threatened to sign in the document. And, informed my mom and her sisters that they may have to sign again once the property is sold (which never happened till now).

Her brothers promised to pay 5L for each one (sisters), gave partial amount during 2012 Jan, and confirmed they will give the remaining later once they sold the property. 

My mom's brothers debate that there is no shares for women in the property as they were married in 1983 and 1984 (Sister 1 and 2 respectively). And, also no rules says that women have equal tights in property. 

Till now they are not disclose the information, if the property was sold and amount worth of the property. 

My mom’s mother (recently dead) saved some amount in a bank and hold gold ornament of 75 grm (appx). 

The questions I have: 
1. Can my mom and her sisters file a complaint against brothers?
2. Do they eligible for equal shares in property?
3. Do women have rights on property of their grandparents (father's mother)?
4. Can my mom and her sister get the shares in the House which is her parent’s name?
5. Will the amount saved and gold ornament belong to deceased parents belongs to daughters or sons or equal right for all?
6. The Hindu Succession Act, 1956: Does this rule only apply to Hindu? We are Christian; does the rule apply to all Indians regardless of caste?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Christian
It is not clear whether her father died before or after 2005. It is also not clear whether the brothers have sold the property or not.
I may inform that your mother has share in the property equally with her other siblings provided her father died after 2005 and she has further share in the property of mother even if she has died before 2005.
So if she is deprived of her due share she can very well file partition suit to claim her share.
However the daughters have no share of the grand father if the father s still alive.

Since you are christian all have equal shares and the bar of 2005 does not apply to any of you.
Devajyoti Barman
Advocate, Kolkata
13114 Answers
174 Consultations

5.0 on 5.0

Your mother and her sisters shoukd file suit for partition to claim share in property 

2) daughters can claim equal share in property 

3) your mother and sister can get share in house in parents name 

4) all have equal rights in gold jwellery and money lying in bank 

5) Hindu succession act applies to Hindus only 

6) Christians are governed by provisions of Indian succession act 
Ajay Sethi
Advocate, Mumbai
46639 Answers
2758 Consultations

5.0 on 5.0

1. According to the Christian law the property of a person dying intestate is bequeathed to the spouse of the deceased, or upon those who are kindred of the person deceased. The  widow is not entitled to the property if by a valid contract made before the marriage she has been explicitly excluded from the distributive share of her husband’s estate. The term ‘lineal descendants’ includes children or children’s children and only those born out of a lawful marriage, thereby excluding relations such as daughter’s illegitimate son or a son’s illegitimate daughter or any other illegitimate issue as such illegitimate children are not considered children by the provisions of ISA. If an intestate has left a widow and also lineal descendants, 1/3rd of the estate shall devolve upon the widow and the remaining 2/3rd shall go to the lineal descendants. If the intestate has left behind a widow and does not have any lineal descendants, but has left behind persons who are kindred to him, the property would be divided into halves, one would divulge to the widow of the intestate and the other half would divulge to the kindred. So your mother and her sisters can file a suit for partition to cull out their share in the property.

2. The Hindu Succession Act, 1956 applies to only Hindus. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1) mother can claim share in sale proceeds 

2) also file suit for partition to claim her share in unsold property 
Ajay Sethi
Advocate, Mumbai
46639 Answers
2758 Consultations

5.0 on 5.0

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. 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.
.” S.5 of the Act categorically states that succession to the movable property of the deceased will be governed by the lex loci as per where he had his domicile at the time of his death; whereas succession to his immovable property will be governed by the law of India (lex loci rei sital), no matter where he was domiciled at the time of his death. Also, S. 6 further qualifies this provision by stating that a person can have only one domicile for the purpose of succession to his movable property.
.” S. 25 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.
S. 26 qualifies ‘collateral consanguinity' as occurring when persons are descended from the same stock or common ancestor, but not in a direct line (for example, two brothers). It is interesting to note that the law for Christians does not make any distinction between relations through the father or the mother. 
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 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. These shall be dealt with now.
T Kalaiselvan
Advocate, Vellore
36754 Answers
403 Consultations

5.0 on 5.0

Sir, my mothers father passed away in 1987 and her brothers say the property sold half and the remaining still unsold.

The same laws would be applicable as stated above. 
You may even take out a legal option for solving the issues in this regard.
T Kalaiselvan
Advocate, Vellore
36754 Answers
403 Consultations

5.0 on 5.0

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