Smita Paliwal Quoted in Outlook Money on Karnataka High Court Ruling on Succession Certificate
Smita Paliwal was recently quoted in Outlook Money in connection with a significant ruling of the Karnataka High Court concerning the grant of a succession certificate under the Indian Succession Act, 1925.
In the article titled “Succession Certificate Cannot Be Denied Over Mother’s Claim: Karnataka High Court,” Smita Paliwal clarified the legal position governing intestate succession among Christians. She noted:
“Setting aside this view, the Karnataka High Court reaffirmed that under the Indian Succession Act, 1925, where a Christian dies intestate leaving a widow and lineal descendants, the mother does not inherit. The estate devolves entirely on the widow and children, with one-third going to the widow and two-thirds to the children.”
Her remarks highlight the Court’s reaffirmation of the statutory scheme under the Act, emphasizing that succession must strictly follow the legislative framework. The ruling underscores that a mother’s claim, in such circumstances, cannot override the clear mandate of the statute where a widow and lineal descendants survive the deceased.
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