Christian daughter's property right

A Joseph (Querist) 27 January 2013 This query is : Resolved
Sir,
MY mother has died.She was the only daughter for her father for his first wife .After his first wife died ,he married . For the second wife he had five sons. He also died.
What is my right in my grand father's property.
Please help.
Thank you.

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Guest (Expert) 27 January 2013
Where an intestate has left no child, but only a grandchild or grandchildren and no other remote descendant, the property shall belong to the grandchild if only one grandchild is left by the intestate and if there are grandchildren, the property shall belong to the surviving grandchildren in equal shares. It means that in a situation contemplated under this section, the distribution is per capita and not stirpital.

prabhakar singh (Expert) 27 January 2013
I think it is christian case of succession?Then it would be governed by the INDIAN SUCCESSION ACT 1925, if he died without leaving a will.

The intestate deceased has left widow and lineal descendants.Hence for sure 1/3rd shall go to his widow and the remaining 2/3rd shall go to his lineal descendants, (section 33.a).The remaining 2/3rd shall be divided equally among all his 6 children as per law laid down in section 37,if all 5 sons and your mother(his daughter from first wife)were alive on his death.

You have not told the date and year of death of your mother and her father.the above law shall apply only when your mother did survive on death of your father.

In case she predeceased her father rules given section 40 of the above act shall apply about 2/3.

Any way all in all you shall get what your mother could have got and that is 1/6 of 2/3.