It is relateted property law
ADV KAMAL JADHAV BANGALORE
(Querist) 17 January 2012
This query is : Resolved
Hi Respected Seniors,
i have small query it is related (indian christian)religion.
in my case There are one of couple Husband and wife. husband (independently) bought a property and construct it and made khata and all his wife name. now his wife is no more in the case. there is no will also.
they have SON and DAUGHTER. now son is no more agian. daughter-in-law she is alive.
NOW MY QUESTION IS:
1) is the whole property husband can claim (independently)legally. either he cal share property with his daughter in law.? OR
2) his daughter-in-law she can have right to share a property. she have marriage certificate which church has given.
under BENAMI TRANSACTION ACT OR INDIAN SUCCESSION ACT any procedure is there in that.
please help me outin that.
Thanks in advance.
Nadeem Qureshi
(Expert) 17 January 2012
Dear kamal
according to your query in the Christian's property, the Indian Succession Act, 1925 will be applicable. According to section 33 of the act
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.
and section 35 Of Indian Succession act, 1925
35. Rights of widower.- A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband' s property, if he dies intestate. Distribution where there are lineal descendants.
feel free to call
