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Property no will christain family
14-Jul-2023 (In Property Law)
The deseased person has a wife, 1 major child and his mother is alive also he has not dependant 2 sisters and 1 brother. He owned an apartment jointly with his wife, which was self acquired. Now my question is in the absence of will who gets how much share?
The family is christain. If the court refuses to follow indian succession act and applies hindu succession act and gives his mother a share is there any legal way out?
The Christian Law of succession is governed by the provisions in the Indian Succession Act 1925. Where the deceased has left behind both a widow wife and lineal descendants, the widow wife get 1/3 share in his estate while the remaining 2/3 will go to the lineal descendants. Apart from this, the widow wife needs to file a partition suit for determining her share in the said property as she is the joint owner along with her deceased husband. Once this done by court, the share of husband shall get devolved among as mentioned above.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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