Marilyn
in Property Law
Asked January 14, 2014

Absence of Will in Christian law

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a christian bachelor passes away without leaving behind any will, he has a sister as next of kin and his sisters children. Who does his property go to? If it is his sister who can claim his property, then how does she go about it?? what are the laws that cite such provisions.

Answer 1

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Asmita Rakhecha

In India, succession related matters of Christians are governed by the Indian Succession Act, 1925. IN the given case, since the man has passed away without a will his succession shall be intestate. In case the deceased person’s father is still living then as per Section 42 the father shall succeed to the property. Section 43 of the Act provides that in case the father of such deceased person is dead however the mother, brother/s or sister/s of such person is alive then the property of the deceased shall be divided equally among the mother, brother/s and sister/s. Section 44 provides that in case the father of the intestate has died however the mother, brother/s, sister/s or children of any deceased brother or sister are living at the time of death of intestate then the property of such deceased person shall be divided equally among the mother, the siblings and children of deceased siblings of the intestate. The children of the deceased brother or sister of the intestate shall be entitled to a share which their parent would have been entitled to had they been alive. Hence if there are more than one child of the deceased brother or sister then the children together shall be entitled to one share of property equal to the share of the mother of the intestate or his brother or sister, and such share will then be divided among the children of the deceased sibling.

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