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Supreme Court Of India

(From: AIR 2005 (NOC) 636 (Utr))

Hon'ble Judge(s): N. V. Ramana, S. Abdul Nazeer , JJ

(A) Succession Act (39 of 1925) , S.33, S.35, S.25, S.47, S.48— Intestate Succession - Devolution of property - Husband and wife joint owner of suit property - Wife died intestate leaving behind husband and sister and no lineal descendant - Husband would succeed half of share in property held by her and thus entitled to ¾th share in entire property - Sister of deceased-wife though foreign national being near kindred and preferential heir of intestate - Entitled to 1/4th share in property - Defendant being distant kindred, not entitled to succeed any share in property. In case intestate has not left lineal descendant, nor father, nor mother, property shall be divided equally between his brothers and sisters and child or children of such of them as may have died before him, such children taking equal shares only the shares which their respective parents would have taken if leaving at the intestate death. In present case, intestate had left behind her husband and kindred. There are no lineal descendants as defined under S. 25. Husband would succeed half if share in property held by her and thus entitled to 3/4th share in entire property. Her sister was only near kindred and preferential heir of intestate and she would succeed to 1/4th share in property. It is only when intestate has left neither lineal descendant, nor parent, nor brother and nor sister, propert....