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What
are the categories of heirs among Christians for inheritance property ?
Indian Succession Act 1925 deals
with the inheritance to intestate property among Christians. Sections 33 to 49
are relevant sections.
The heirs are of two types. (1)
Relatives by blood (2) Relatives by marriage. The brother would fall in the
first category, whereas wife will fall under the second category.
What
is meant by consanguinity, kindred and lineal descendant?
Consanguinity means members of
the same family, the relatives who are related by blood to the person, which
may be lineal or lateral. Kindred means and includes all those who are related
by blood through lawful wedlock.
Lineal descendants means the
descendants in direct line comprising of sons, daughters, grandsons and
granddaughters through them would be all lineal descendants subject to
legitimacy.
How
the property of Intestate devolve?
The property of a person who dies
without making a will (Intestate) devolves upon the spouse, that is husband or
wife or those of kindred of the deceased in the order and according to the
rules.
What
is the position of widow in case of intestate property?
In case the deceased intestate
has left widow and lineal descendants, one third of the property will go to the
widow and remaining two thirds to the lineal descendants. In case of only widow
with kindred but with no lineal descendants the widow will get 50% of the share
in the property and the remaining 50% will go to the kindred. In case of
absence any kindred or lineal descendants, the widow is entitled to full share
in the property.
In
case the deceased intestate has left no widow and no kindred, who will inherit
the property?
Generally, the property will be
inherited by widow, lineal descendants or those kindred to the deceased. In the
absence of any of these heirs, the property will go to the government.
What
is the right of widower to the property of his wife dying intestate?
The right of the widower to the
property of his wife who dies intestate is similar to that of a widow to the
property of her husband dying intestate.
A
Christian dying intestate has left no children but has left grandchildren who
are the children of his deceased sons. Please advice how the property is devolved?
All the grand children share the
property of their grandfather equally. We shall examine an example Mr. Stephen
had two sons, Robert & Noble. Mr. Robert has one son & Mr. Noble has
two sons. Both Robert & Noble died before their father Stephen. Mr. Stephen
died intestate, leaving behind three grandsons. In this case each grand
children will get equal share.
A
Christian dies intestate leaving lineal descendents, but all of them are not of
same degree of relationship. What is the procedure for devolution of property?
To make the issue very clear we
shall look into an example. Mr. Stephen has two sons, Robert & Noble.
Robert dies before his father
leaving behind two sons. Mr. Stephen dies leaving behind his one son Mr. Noble
and two grandsons (children of Mr. Robert) Mr. Noble the only surviving son of
Mr. Stephen will get 50% of the property and remaining 50% will shared equally
between two grandsons.
Who
is a Minor?
Minor is a person who has not
completed the age of eighteen years. So a minor attains majority on completion
of eighteen years of age and not on reaching the eighteenth year of age.
Previously, the minors for whom
guardians were appointed by the court, the prescribed age for attaining
majority was after the completion of twenty one years of age. This has been
amended and all minors attain majority on completion of eighteen years of age.
What
is the position of the mother, if the father appoints a guardian to minor
person, property, by will?
Father may appoint a guardian by
Will to the person and property of his minor child. However such appointment of
a guardian by Will does not have any effect if the father dies leaving behind
his wife (mother of the minor child) who is the natural guardian of the minor
child. The mother, (natural guardian) will succeed as guardian and not the
person appointed by Will of the father. She may appoint a different guardian by
her Will; who will succeed as guardian, on the death of the mother. In case,
she does not appoint any guardian, by Will, the guardian appointed by the
father by Will, will succeed as guardian of minor on the death of the mother.
The guardian will act only until the minor completes eighteen years of age.
Can
a guardian be appointed to the minor’s undivided interest in joint family property?
The Kartha is head of the Hindu
joint family who is empowered to manage the property. In such cases no guardian
shall be appointed. The Kartha takes care of the person and the property of the
minor who is the co-parcener. However the competent court may appoint a
guardian for undivided share of the minor in the joint family property also.
Who
is the natural guardian of an adopted son?
The
adoptive father, and after the adoptive father, the adoptive mother would be
the natural guardians of an adopted minor son. The original parents of the son
given in adoption will not be natural guardians.
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