Concept of Ancestral property in Christian religion
1 month ago
My late. grandfather was a Christian (occupation-pastor) has inherited a house from his mother in Andhra Pradesh thru registered will in year 1983 after his mother deceased. His mother got this property from her husband (My grandfather’s father and he was also a Christian) thru a registered gift deed in year 1937.
Later in year 1987 my grandfather has demolished the old house built by his mother and father and constructed a new building with 2 floors has four portions of houses.
So, now my grandfather has 4 sons and 1 daughter and later in 2004 his second son has passed away (After my uncle passed away his family left the house started living separately after that our families and their family has no talking terms).
In year 2010 my grandfather has gifted 2 portions in the above said building to elder son (he was taking care of my grandfather and grandmother in their old age) in registered gift deed and since then said two portions were under him he was paying taxes for those two portions and also electricity bills and they are even changed to his name in municipal records as well. and again in 2018 he gifted remaining 2 portions to 3rd son and 4th son respectively.
Now I want to understand if the above said property will be ancestral or self acquired by grandfather.? Is there any concept of ancestral property in Christian religion? Can the deceased son’s wife and children can object and file suit for partition on elder son that he was given two portions as gift deed and they were not given any share ?
The succession rules for Indian Christians are governed by the Indian Succession Act, 1925, which specifically considers relationships arising from lawful marriages. Unlike some other communities, Indian Christians do not have the concept of ancestral property. All properties owned by an Indian Christian can be willed away through the execution of a will or other legal means like sale or gift. However, it's crucial to distinguish between self-acquired and ancestral properties, as they are treated differently under the law.
If an Indian Christian dies intestate (without a will) and leaves a widow along with lineal descendants (children and grandchildren), the widow is entitled to 1/3 of the property, while the remaining 2/3 goes to the lineal descendants. In cases where the deceased has no lineal descendants but has kindred, the widow receives half of the property, and the other half goes to those who are of kindred to the deceased. If there are no kindred, the entire property belongs to the widow.
To succeed under Section 37 of the Indian Succession Act, a person must be a lineal descendant, meaning they are connected with the deceased by way of direct lineal consanguinity, such as being a descendant in the direct line. As grandchildren, they have the right to claim a share in the property in accordance with the succession rules. It's advisable to seek legal advice to ensure proper understanding and application of the applicable laws in specific situations.
The succession rules amongst the Indian Christians are governed by the Indian Succession Act, 1925 which contemplates only those relationships that arise from a lawful marriage. There is no concept of ancestral property among Christians. All types of properties owned by an Indian Christian can be willed away by him/her by executing a Will or sale/gift. However, the law treats both types of properties (ancestral & self-acquired) very differently. So, you must identify a property as either self-acquired or ancestral (acquired by great-grandfather), Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow. In order to succeed under Section 37 of the Indian Succession Act, a person must be a lineal descendant, which means that he must be connected with the deceased by way of lineal consanguinity as his descendant in the direct line. Being grandchildren, they have the right to claim a share in the said property. Reach out to an Advocate for guidance and steps.
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