Christian succession act
Joseph Fidelis Pereira
(Querist) 17 August 2012
This query is : Resolved
Joseph is having ancestral property i.e. 10000 sq. mtr, also he has aquired another 5000 sq. mtr. at his own earning. he is having 3 children and surviving wife.
His wish is : by will: he wants to sharae his property among his wife and youngest son. Is it legal ? Can his wife has to struggle to settle the matter ? Please guide ?
ajay sethi
(Expert) 17 August 2012
There is no concept of ancestral property under the Indian Succession ActAll property owned by an Indian Chrisitian can be willed away by him by executing a will. In case the person dies without executing a will, the estate of the deceased will be distributed amongst the heirs as provided in Section 33 of the Act. The widow will get 1/3rd. and the balance will be distrbuted amongst the lineal descendants
