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Qualifying legal heirs in christian Law
27-Apr-2023 (In Family Law)
Sir/ Madam, like we have a clear definition of Heirs in Class I ( Hindu Succession Act 1956) wherein they have detailed that Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of it pre-deceased son; son of a pre-deceased son of a pre-deceased soil; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son., I would like to know what is the detailing for Christian Succession Act or relevant
The Laws governing Inheritance among the Christians in India have been discussed in this article. The Indian Succession Act, 1925 provides for the inheritance laws for all other religions, including Christians.
The laws of inheritance applicable to Christians are same for both genders. 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. Chapter II of the ISA provides for the order and the concerned rules for the devolution of the estate and the share to be allotted to the heirs. The ISA provides that a 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’, as described under the ISA, 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. However, in case the intestate has left no kindred, the whole property would be inherited by the widow.
In cases where an intestate has no child, but only has grandchildren and no other remote descendent, the property shall go equally to the all the grandchildren. A husband is not entitled to inherit the property of the divorced wife and in case of judicial separation, the property of the wife would devolve upon her legal heirs as if the husband is already divorced. Also, a daughter-in-law has no right of succession to the estate of her intestate father-in-law. Moreover in case of a Christian daughter, there exist no pre-existing right in the family property and her right generally arises when her parents die intestate.
The laws of inheritance applicable to Christians are same for both genders. 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. Chapter II of the ISA provides for the order and the concerned rules for the devolution of the estate and the share to be allotted to the heirs. The ISA provides that a 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’, as described under the ISA, 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. However, in case the intestate has left no kindred, the whole property would be inherited by the widow.
In cases where an intestate has no child, but only has grandchildren and no other remote descendent, the property shall go equally to the all the grandchildren. A husband is not entitled to inherit the property of the divorced wife and in case of judicial separation, the property of the wife would devolve upon her legal heirs as if the husband is already divorced. Also, a daughter-in-law has no right of succession to the estate of her intestate father-in-law. Moreover in case of a Christian daughter, there exist no pre-existing right in the family property and her right generally arises when her parents die intestate.
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Adv. Chikirsha Mohanty
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