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Property Related - Do my grandmother have any rights
10 months ago
Do my grandmother have any rights in my dad's property
My dad is expired
My grandmother have own property in her name
The property is in my dad's name
We are christian family in Kerala
A.Dear Client,
The law which governs succession or property rights in case of a person practicing Christian religion is the Indian Succession Act, 1925. The only requirement for the application of the act in matters of property or succession is that the person whose property is to be partitioned or inherited is a Christian. Christians have varied laws on succession and familial relations, Section 30 of the Indian Succession Act, 1925. contemplates only those relations that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, i.e., Children and Children’s Children, 1/3rd of his property shall belong to the widow, and the remaining two third shall go to the lineal descendants. If the intestate has no lineal descendants but has left persons who are of kindred to him, half of his property shall belong to the widow and the other half shall go to those who are of close kindred to him. As per Section 48, when the intestate has left neither lineal descendant, nor parent, nor sibling, his property shall be divided equally among those of his relatives who are in the nearest degree of kin to him. If there are no heirs, whatsoever to the estate, the Doctrine of Escheat can be invoked by the Government, whereupon the estate of the deceased will revert to the State. Thus you being the lineal descendants you are entitled for 2/3rd share in the intestate property of your father. So reach out to an Advocate for guidance and steps for claiming a share in the intestate property of your father.
The law which governs succession or property rights in case of a person practicing Christian religion is the Indian Succession Act, 1925. The only requirement for the application of the act in matters of property or succession is that the person whose property is to be partitioned or inherited is a Christian. Christians have varied laws on succession and familial relations, Section 30 of the Indian Succession Act, 1925. contemplates only those relations that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, i.e., Children and Children’s Children, 1/3rd of his property shall belong to the widow, and the remaining two third shall go to the lineal descendants. If the intestate has no lineal descendants but has left persons who are of kindred to him, half of his property shall belong to the widow and the other half shall go to those who are of close kindred to him. As per Section 48, when the intestate has left neither lineal descendant, nor parent, nor sibling, his property shall be divided equally among those of his relatives who are in the nearest degree of kin to him. If there are no heirs, whatsoever to the estate, the Doctrine of Escheat can be invoked by the Government, whereupon the estate of the deceased will revert to the State. Thus you being the lineal descendants you are entitled for 2/3rd share in the intestate property of your father. So reach out to an Advocate for guidance and steps for claiming a share in the intestate property of your father.
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A.Dear client,
If the deceased has some lineal descendants like more than one child or some remote relatives then the share of the widow will be 1/3rd of the property and the remaining 2/3rd shall be devolved upon its lineal descendants. But in case, there are no lineal descendants but only the parents of the deceased and other close relatives, then the widow shall be getting share of the property and the remaining half shall go to the close kindred and parents of the deceased. And if there is no kindred found of the deceased, then the entire estate shall devolve in favour of the widow.
If your father has no lineal descendants, only then will your grandmother have a right in the property.
If the deceased has some lineal descendants like more than one child or some remote relatives then the share of the widow will be 1/3rd of the property and the remaining 2/3rd shall be devolved upon its lineal descendants. But in case, there are no lineal descendants but only the parents of the deceased and other close relatives, then the widow shall be getting share of the property and the remaining half shall go to the close kindred and parents of the deceased. And if there is no kindred found of the deceased, then the entire estate shall devolve in favour of the widow.
If your father has no lineal descendants, only then will your grandmother have a right in the property.
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