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Neil Paul   04 August 2021

Distribution among Christians

I'm a Delhi based guy and follow Christianity by faith. My father belongs from Uttar Pradesh where my grandfather owns a 4 acre of land. My aunt's are married and so is my uncle (chacha). Now, my aunt's are creating issue related to the property as their looking forward for a share in the same.

My grandfather passed away in year 2006 without forming any Will for the property, and my grandmother is very old (88 years) and almost bed ridden. My grandmother, uncle (chacha) and my father do not intent to sell the property instead they look forward to maintain it, but bua's are of different mindset.

I'm well aware of the fact that daughters hold right in the property, but would like to know if the same rule is followed or binding upon Christian community as well? Can my any means, the property be saved from being divided?

Please let me know about the matter. Thanks to all in advance!


Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 August 2021

In India, The Christian law of succession and inheritance is similar to men and women. The property of a person is treated as the self-acquired irrespective the mode of acquisition during one person’s lifetime, none can contest for it.

Kevin Moses Paul   05 August 2021

As per your query, let me tell you that unlike Hindus there is no concept of ancestral property in Christians. Christians are governed by the Succession Act which contemplates only those relationships that arise from a lawful marriage.

There are basically three type situations which deal with different scenarios of property distribution among Christians. Every civil suit filed falls under any one of these situations, and the distribution of the property then takes place accordingly.
I've explained all these situations down below, do have a look in order to understand the concept in ease, this will help you to determine about rights of everyone in your grandfather's property, as well as about how the distribution of the property might take place.

1.) The first situation deals with matters where an intestate (person who died without formulating a WILL) has left a widow and if he has left lineal descendants i.e. children and children's children, then 1/3 of the deceased's property property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants.

2.) The second situation deals with cases in which there are no direct descendants of the deceased but has persons who were kindred to him.
In such a matter where the intestate has no lineal descendants, but has left persons who are of kindred to him, then ½ of his property shall belong to the widow while the other ½ shall shall be given to those who were of kindred to him.

3.) This situation deals with matters where the deceased has no direct descendants and no person who were of kindred to him.
In such scenarios where the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow.

Therefore, most probably your grandfather's property will go for distribution as mentioned in point (1), since he has a widow (your grandmother) and lineal descendants (i.e. your father, uncle, aunts, and their children including you).

However, let me tell you that a rightful claim of partition has legal recognition and hence can be enforced in the court of law. Use of peaceful and practical family settlements are always possible among warring parties either through the court or outside, try to use these methods in order to avoid filing of partition suits by your aunt.

Hope It Helps!

Regards
Kevin M. Paul

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