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Nasir Nazir Butt (Chief Patron)     12 August 2013

Christian succession

How estate of intestate Christian will be distributed among his three sisters and one brother? No other is alive.



Learning

 2 Replies

Suri.Sravan Kumar (senior)     12 August 2013

37. Where intestate has left child or children only
.
-Where the
intestate has left surviving him a child or chi
ldren, but no more
remote lineal descendant through a deceased child,
the property shall
belong to his surviving child, if there is only
one, or shall be
equally divided among all his surviving children.

Nandgopal (Partner)     13 August 2013

Intestate succession of  christians is regulated by the Indian succession act 1925.

Section 30  of the aforesaid act defines what is intestae succession  while section 32 onwards described the method of deviolution of porperty of a deceased intestate christian.The  distribution of the property amongst the heirs who are lienal desendants and non Lienial desendants are regulated  by Section 36- 40 of the Indian succession act describes the rules of distribution  where there are lineal desendents whild section 41-49 provides for distribution of the assets of a deceased christian.

It is needless to say that The existance of class 1 will exclude the class 2 heirs right to succeded to the estate of a deceased christians.

Applying the principle as laid  down under law, you would be non lenial desecdants and the pproperty would deveolve amongst you under section 41   read with section 47 of the Act .

The method of establishing you claim in respect of your brother's property under the provisions of the act, your would be better adviced by your counsel.

 


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