christan law
clifford john coelho
(Querist) 29 January 2011
This query is : Resolved
my father died in 2004.he left behind my mother and 3 adult sons.so how is the property to be divided legally.we are all christians.
Kirti Kar Tripathi
(Expert) 29 January 2011
It will be divided according to the Section 33 of the Indian Succession Act, which runs as follows
33. Where intestate has left widow and lineal descendants, or widow and
kindred only, or widow and no kindred. -Where the intestate
has left a widow--
(a) if he has also left any lineal descendants, one-third of
his property shall belong to his widow, and the
remaining two-thirds shall go to his lineal
descendants, according to the rules hereinafter
contained;
(b) 1*[save as provided by section 33A], if he has left no
lineal descendant, but has left persons who are of
kindred to him, one-half of his property shall belong
to his widow, and the other half shall go to those who
are kindred to him, in the order and according to the
rules hereinafter contained;
(c) if he has left none who are of kindred to him, the whole
of his property shall belong to his widow.
Thus 1/3 share will go to mother and remaining 2/3 share will equally divided amongst son.
Ajay Bansal
(Expert) 30 January 2011
Agreed with afovesaid view.
