Indian Christian is defined under the Indian Succession Act, as a native of India who is, or in good faith claim to be, of unmixed Asiatic descent and who professes any form of the Christian religion.

Section 31 to 49 of Indian Succession Act, 1925 give us the understanding as who are considered as the legal heir of Indian Christian. The property of an intestate Indian Christian devolves (according to the circumstances):

  • (1) Upon Wife or Husband, Son, daughter, Grandchildren of a deceased son and daughter.
  • (2) In the case no one from the first degree survived the deceased then upon the Father, Mother, Brother, sister, children of deceased brother and sister.
  • (3) In the case the deceased surviving all the above then upon the grandfather and grandmother.
  • (4) In case of deceased surviving all the above then upon the great grandfather/ great grandmother, uncle/ aunt and nephew.

Examples:

  • A had three children, B, C and D; B died, leaving 4 children and C died leaving 1 and D alone survived A. On the death of A, intestate, 1/3rd is allotted to D, 1/3rd to B's 4 children and the remaining 1/3rd to C's 1 child.
  • A has two children John and Mary. John died before his A, leaving his wife pregnant. Then A dies leaving Mary surviving him and in due time a child of John is born. A's property is to be equally divided between Mary and the posthumous child.
  • A, leaves no brother or sister but his mother and one child of a deceased sister, Mary and two children of a deceased brother George. The mother takes 1/3rd, the child of Mary takes 1/3rd and the children of George divide the remaining 1/3rd equally between them.