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avinash   12 October 2016

Tamil church of south india succession rights.

My family friends who were followers of Tamil Church of South India(CSI) paased away in a road accident.

Father,Mother,Son & grand daughter passed away,leaving the daughter in law as the sole survivor.

All properties were bought by father,mother & son's income. There is some ancestral property which was the right of the father,mother & son.

What are the rights of my friend's wife?

How do we protect her rights over the properties?



Learning

 2 Replies

Ms.Usha Kapoor (CEO)     13 October 2016

Indian christians are generally governed by Indian sucession 'Act. The widowed daaughter in law  whose parent s in law ansd  her only  son died i suddenly in a road accident was the only nearest kindred  to her deceased parents in law and her son as well as her late husband  and she as per  Indian sucesssion Act she suceeds to 1/3rdshare of her husbansd's share  in the property of her in laws.. The remaining 2/3 rd would go to her parents in law andher only  son as her husbands nearest kindred after his death. Now  her parents in law  and her only son  are also no more nor they left any will.  In the absence of any other nearest kindred to her  parentsin law  the widowed daughter in law would inherit the remaining 2/3rd and any other property of her parents  in law whether ,ancesral or self acquired including her sons property.If you appreciate  this  answer pleas  click the thank you  button on this forum.

Ms.Usha Kapoor (CEO)     13 October 2016

The above sucession happens as perthe provsions of Indian succession act adumbrated herein:Rights Of The Widow And Widower S. 33, S. 33-A, S. 34 of the Act govern succession to the widow. Together they lay down that if the deceased has left behind both a widow and lineal descendants, she will get one-third share in his estate while the remaining two-thirds will go to the latter. If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the widow and the rest to the kindred. And if no kindred are left either, the whole of the estate shall belong to his widow.If her son qwould havebeen alive  he  would have inhrited 2/3rd of hisfather'sshare. Since  he  is not there she will get 1/2 and th ereaming  1/2 should go to  hisparents. Now son ansnd Parents in  law are also dead. Applying logical reasoning test the entire property  would go to the widowed daughter in law as per the above  provision.Please click the thank you button.


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