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Share of deceased brother's wife from father's property, if christian?


28-Sep-2023 (In Property Law)

We are three brothers. Our parents are no more. The property is in the name of our deceased father. No will was ever made. My elder brother expired few months back who had a wife and no children.

 

My question is what share will this widow sister in law get from her husband's share of property? We are Christians. If the total property is divided into three parts which is about 30 lakhs to each son, what will her share be? Please reply with Sections that hold true for this case.

 

Answers (1)

Answer #1
494 votes

Succession among the Indian Christians is governed by the Indian Succession Act, 1925.

The property will be distributed amongst the heirs as provided in Section 33 of the Act. The widow will get 1/3rd and the balance will be distributed amongst the lineal descendants i.e., sons,  sons' sons, daughters and daughters' sons etc. in equal proportion. If there are no lineal descendants, the widow will get 1/2 share and the remaining 1/2 to those who are kindred to the deceased.

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