How does an estate devolve among Christians where the deceased leaves a widow and children?

Succession is governed by the Indian Succession Act, 1925. Under s.33, where the deceased leaves behind a widow and lineal descendants, the widow is entitled to one-third of the estate while the remaining two-thirds devolve upon the lineal descendants in equal shares. A claim to a fixed fractional share inconsistent with that scheme is legally unsustainable.

Transfer of Property Act, 1882 — s.62 — Usufructuary mortgage — Redemption — Clog on the equity of redemption — Indian Succession Act, 1925 — s.33 — Sreedhana — Partition — Moulding of relief — Transfer of Property Act, 1882 — Redemption before the stipulated period — Clog on the equity of redemption — Held: A mortgage is redeemable even before the stipulated period expires unless a statutory restriction or an express enforceable covenant bars it; a term that prevents or unreasonably restricts redemption is a clog on the equity of redemption and unenforceable. (¶18) Transfer of Property Act, 1882 — s.62 — Usufructuary mortgage — No reimbursement for improvements — Held further: A usufructuary mortgagee holds possession and appropriates the rents and profits in lieu of interest; without an express covenant he cannot demand the value of improvements as a condition precedent to redemption. (¶22) Indian Succession Act, 1925 — s.33 — Sreedhana is not a partition of the daughter's inheritance — Held further: A gift of Sreedhana at marriage is neither partition nor relinquishment and cannot curtail a daughter's statutory right to succeed; among Christians the widow takes one-third and the lineal descendants two-thirds equally. (¶26, ¶29) Partition — Candour as to assets and liabilities — Relief to be moulded — Held further: A plaintiff seeking partition must disclose the estate's liabilities as well as its assets, and a court finding an entitlement smaller than claimed should mould the relief rather than dismiss the suit. Appeal partly allowed. (¶28, ¶33)

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