Lantha (MD) 26 September 2014
Dear members,
Kindly clarify this situation, all suggestions will be immensely helpful.
A Christian couple had 3(three) sons. The husband expires and the wife remarries when the sons are still minors.
The sons all adopt the second(new) fathers (who by the way is also a Christian ) surname in all their educational certificates and formal guardianship is attained.
Under this scenario, whose legal heirs / successor are the sons - the 1st husband or the second husband?
Tajobsindia (Senior Partner ) 26 September 2014
@ Author,
1. The heir will be governed by the Indian Succession Act, 1925.
2. In case first husband died interstate (without leaving any Will) then the estate of the deceased first husband will be distributed amongst the heirs as provided in S. 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. (kindred means relations by blood ; but does not include relations by affinity such as mother-in-law or step mother or step father.
3. The minors are legal heirs / successor of both 1st husband (now deceased) as well in future of second husband (who is currently alive).
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