RIGHTS OF LEGAL HEIRS & WIFE (CHRISTIANS) RIGHTS OF LEGAL HEIRS & WIFE (CHRISTIANS)

2 years ago

I have been married for 26 years now and due to domestic violence that escalated into my husband hitting me and my daughter (who was in the middle of a work meeting) forced me to take a step towards the police station wherefore he was given a warning to never come back until we were okay. Upon further inquiry, I got to know that his sisters (who are well to do) were made nominees for the FD of various banks. I want to stress on the fact that my husband never contributed towards the financial welfare of my children (education, clothing, food etc). He instead demanded money from me of which I do not have any receipts of. Hence he has accumulated nearly more than 40 lakhs and has other properties. My query is w.r.t the wealth amassed by my husband, (i) the various Bank accounts and FD's, if the nominees are present, can my daughters as legal heirs contest for the same? (ii) the immovable and movable properties such as car, two wheelers and the land, despite the will, can my daughters have claim over the properties?

Anik

Responded 2 years ago

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A.Generally speaking, the provisions of The Indian Succession Act, 1925 are applicable in matters of succession in Christians. A husband has no right to inherit the property of a divorced wife. In case of a judicial separation under the Indian Divorce Act, 1869, the property of the wife would devolve upon her legal heirs as if her husband were dead. But also, under the act, in case of a Christian daughter, she has no pre-existing right in the family property and her rights arise when her parents die intestate. There are, however, various complexities in succession laws and it is better to consult a competent lawyer specialized in this area for more clarity.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client your question involves a complexity woven around the succession among the Christians and as there are many customary and coded laws which regulates the succession among Christians it is difficult for all lawyers to answer your question. I will request the Team Vidhikarya to help you get in touch with an expert lawyer who handles matters related to Christian property succession.
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