Inheritance law for siblings as per christain law

Dear Sir,

If Your Father Died Without a Will (Intestate)

Under Sections 33 & 37 of the Indian Succession Act:

If the mother was alive at the time of your father’s death → she gets 1/3 share

The remaining 2/3 is divided equally among all children

If the mother had already expired before your father:

The entire property of your father is divided equally among all children

 Therefore, each sibling gets equal share.
No one is legally entitled to more than the other.

Dear client,

In India, under Christian Succession Laws, all matters of succession are governed by the Indian Succession Act, 1925. If you’re a child of parents who passed away without leaving behind a valid will, the property owned by those parents before they died would pass equally to all of their children and to the surviving spouse (if one exists) as an equal share for each of those people that are legally your brother and sister are also entitled to inherit an equal share of the property.

If your brother and/or sister have taken property belonging to your deceased parent (whether the property is located in India or the U.S.), they cannot deny you your right to inherit your share of that property, regardless of whether or not they have already taken the property in question from your deceased parent (for example, in Mangalore, India).

Regarding your parents’ property located in Mumbai, your brothers and/or sisters will be entitled to inherit only that portion of the joint property (or more commonly known as “mother property”) which belonged to your deceased father, while all of the other property will remain solely yours and cannot be taken by them. The portion of the property which belonged to your deceased father will be divided equally among all of his legal heirs, including you and your brothers and/or sisters.

Finally, if either of your brothers and/or sisters has taken more than his or her fair share of the property left behind by your deceased father, you may bring an action (lawsuit) against them for partitioning (dividing) the property jointly owned by you and your deceased father, and a separate action against them for recovering your fair share of the property taken by them, and you may also apply for a succession certificate from the court in order to recover your lawful share of the property.

If you have any queries, please feel free to contact us.