Christian, his widow will take 1/3rd share in his estate whereas his children will take the balance 2/3rd to be divided among them equally
Therefore the assets ( land, apartment, jewellery, fixed deposits in Bank ) will devolve to his wife in the ratio of 1/3rd share and the remaining 2/3rd share will devolve to children of the decreased. In other words, 1/3 × 100= 33.33% to your mother, 2/3 × 100=66.66% to all the children combined together, i.e., 16.66% each to 3 daughters and a son.
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. Where, however, the intestate has left a widow but no lineal descendants, and the net value of his property does not exceed five thousand rupees, the whole of the property will go to the widow – but this provision does not apply to Indian Christians.. If the widow is still alive, the lineal descendants will take two-thirds of the estate.
Till January 1986, Christians in the State of Kerala were governed by two different Acts - those domiciled in Cochin were subject to the application of the Cochin Christian Succession Act, 1921, while the Travancore Christians were governed by the Travancore Christian Succession Act, 1916. These two Acts have now been repealed and the Christians following these laws earlier are now governed by the general scheme of inheritance under the Indian Succession Act, 1925.
The law of intestate succession under S. 32 states that: The property of an intestate devolves upon the wife or husband or upon those who are of the kindred of the deceased, in the order and according to the rules.
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 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.
lineal descendants?നേർവംശപരമ്പരയിലുള്ള പിന്തുടർച്ചക്കാരൻ
lineal descendant. n. a person who is in direct line to an ancestor, such as child, grandchild, great-grandchild and on forever. A lineal descendant is distinguished from a "collateral" descendant, which would be from the line of a brother, sister, aunt or uncle.
Kindered means ബന്ധുക്കൾ
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