Legal Question in Real Estate Law in India
how is our grandfather's property divided? my father wants to distribute it only to his two favourite children, depriving us of our share. we are christians
Asked on 6/08/16, 4:35 am
1 Answer from Attorneys
1) If the widow is still alive, the lineal descendants will take two-thirds of the estate; if not, they will take it in whole. Per capita (equal division of shares) applies if they stand in the same degree of relationship to the deceased. This is as per Sections 36-40 of the Act. Importantly, case law has determined that the heirs to a Christian shall take his property as tenants-in-common and not as joint tenants.
2) Full facts the place of the origin of the sect of Christianity, nature of property etc. required.
Answered on 6/08/16, 6:32 am
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