The Christian Law of Succession is governed by the provisions in the
Indian Succession Act, 1925. However, with respect to Indian Christians.
The
laws of inheritance applicable to Christians are same for both genders. The
property of a person dying intestate is bequeathed to the spouse of the deceased,
or upon those who are kindred of the person deceased. Chapter II of the ISA
provides for the order and the concerned rules for the devolution of the estate
and the share to be allotted to the heirs.
The term ‘lineal descendants’, as described
under the ISA, includes children or children’s children and only those born out
of a lawful marriage, If an intestate has left a spouse and also lineal
descendants, 1/3rd of the estate shall devolve upon the spouse and the
remaining 2/3rd shall go to the lineal descendants.
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