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The main laws pertaining to issues related to succession and inheritance by foreigners in India are: The Foreigners’ Act (provision for the government to make orders restricting or prohibiting rights of a foreign citizen) and The Foreign Exchange and Management Act (Acquisition and Transfer of Immovable Property in India).
Only Muslim inheritance laws have a reserved portion in India.
Orders of intestate succession: The following is an outline of the orders of succession and the shares of inheritance for heirs in different groups in India: If the deceased is a Hindu male (including Buddhists, Sikh, Jain, and all those who are not Christian, Muslim or Parsi): Class I heirs of a male Hindu who shall simultaneously inherit are: • Mother being alive (1 share) • Widow (1 share) • Living sons (1 share each) • Living daughters (1 share each) • Predeceased son having the following relations (1 share) • widow • sons • daughters – each to be equally divided.
If a predeceased son of this predeceased son leaves a widow, the living sons and living daughters each shall equally share the share of the predeceased son of the predeceased son who has one share with living sons and daughters.
Can my wife put a caveat on this land so it can not be sold unless all children get equal share?
We are Muslims and governed by Muslim Succession Law. Our father expired in October 1998 and mother expired in March 2007.
Our father left behind one residential complex, one commercial complex, substantial cash balance, shares and other household items utensils etc. I want to know the method of dividing whether on the basis of mothers(50% for me and the balance50% for my 2 step brothers ) or equelly among us. Sorry if I am sounding a little persistant but would like a reply on my query Are civil laws being introduced in India? Now we all want to transfer our home on the name of my mother which was on the of my father but he died and there is Will for the Home.
With no lineal descendant: Widow /widower – 1/3 Father – balance entire If Father is dead, to mother, to mother, sisters and brothers- equally If father is dead, to mother, living sisters and brothers, and children of a predeceased sister or brother- equally so that one share to be taken for the predeceased sister or brother to pass through the lineal descendant to such predeceased.
If the deceased is a Parsi: Widow / Widower Children (equally) Living parents-each to get a share equal to half of a child Wife and children of a predeceased son to share the share of the child as if the son died after the death of the deceased.