Legal Question in Real Estate Law in India

25.03.2014

Dear Sir / Madam,

Laws of Non-Testamentary Succession amongst Jews and Christians

Intestate succession amongst Jews and Christians is to be governed by Section 31 to 49 of the Indian Succession Act 1925. The Act shall apply to them only if the person is domiciled in India. The property of the intestate has to devolve upon his wife or husband or upon those who are kindred of the deceased in the manner explained below. The right of the widower is similar to that of the widow; he could inherit the share of the wife in the same manner as the widow would inherit the property of the husband. A widow shall however not be entitled to the property, if by a valid contract made before marriage, she has been excluded from her distributive share of her husband's estate.

Your matter is governed by Possibility I - Distribution where there are lineal descendants, with or without a surviving widow / widower. It reads :

Where an intestate dies leaving behind a widower and lineal descendents, the widower (your father) shall get one-third share in the property. The other two-thirds share will collectively and equally devolve upon the lineal descendents (three sons).

Regards,