Inheritance

Querist : Anonymous (Querist) 14 April 2024 This query is : Resolved
Sir
My brother's mother in law had registered an unconditional settlement deed for his wife 3 decades ago. They have no kids. His wife has 3 siblings. The Mother in law and his wife passed away. The siblings have not come forward to claim his wife's settlement deed which is in Tamil Nadu. Do my brother have the right upon the property owned by his wife after her demis If so how much percentage could be his share according to Christian marriage act?

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T. Kalaiselvan, Advocate (Expert) 15 April 2024
As per Section 33 of the Act, if an intestate had left behind a widow and any lineal descendant, one-third of his property should belong to the widow and the remaining two-thirds should go to the lineal descendants.

P. Venu (Expert) 15 April 2024
What do you mean by "My brother's mother in law had registered an unconditional settlement deed for his wife 3 decades ago. They have no kids. His wife has 3 siblings"?

The facts are too confusing and disjointed to suggest any meaningful reply.

kavksatyanarayana (Expert) 15 April 2024
I agree with the views expressed by the learned expert Sri T.Kalaiselvan Sir.

Querist : Anonymous (Querist) 16 April 2024
Advocate P. Venu
Brother's mother in law had registered an unconditional settlement deed to her daughter, that which I had mentioned as wife of my brother. My brother is now a widower and not a widow (as replied by Advocate T. Kalaiselvan is appreciated with a change). His wife has 3 siblings means here 3 sisters who are married and having children.

P. Venu (Expert) 16 April 2024
"The Mother in law and his wife passed away." When?

What about father-in-law? Is he alive? If not, when did he pass away?

T. Kalaiselvan, Advocate (Expert) 16 April 2024
Your brother shall be entitled to one third share out of his wife's share in the property while her own legal heirs namely lineal descendants shall be entitled to two third share out of share in the property.
His wife's sisters are not entitled to any share out of her share in the property, only her own legal heirs/successors in interest are entitled to succeed her estates.

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