Legal heirs of a woman if she dies without will Legal heirs of a woman if she dies without will

2 years ago

My wife died in an accident some weeks before. She has 2 acres of land in her name. She got it from his father. Her father is no more. Her Mother is alive but in coma stage. Her 3 sisters are alive. Our marriage was solemnized in a church. we have no children. I have registration certificate from the church and marriage registration (common) certificate from panchayath. I met a supreme court criminal lawyer. He said that i wont get full of her property. I will get only 1/2. I have searched over internet to substantiate this information. i found this information is correct. ( https://economictimes.indiatimes.com/wealth/legal/will/legal-heirs-of-a-woman-if-she-dies-without-will/articleshow/83456987.cms ) Still i can't believe this. Is this information true?

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Every law of Succession defines the rules of distribution of property in case a person dies without making a Will. The rules for Succession among the Christians have been codified under the Indian Succession Act, 1925, having similar type of devolution in case of deceased male and deceased female's intestate succession. Rules of devolution in this case will be governed by Section 33(b) of the Indian Succession Act, 1925

As your deceased wife( died without making and publishing any Will) had no children or grandchildren,i.e., no lineal descendant but a husband who survives her,that's why one-half of her property has been devolved upon you (her husband) and as her father is no more, then another half of her property has been devolved upon her mother and three sisters.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
The law recognizes three types of legal heirs for Christians
1. Spouse
2. Lineal Descendants
3. Kindred
Here you are the spouse and the sisters are kindred hence the property will be distributed 1/2 to you and rest 1/2 among the sisters.
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