Succession to Property -- Property Purchased in Name of Wife -- Section 33 Inapplicable
(i) Indian Succession Act, 1925, S.33 -- Succession to Property -- Property Purchased in Name of Wife -- Application of Section 33 requires that the deceased person regarding whom the succession dispute arises be a male who died intestate. Where a man purchases property in the name of his wife, the provision has no application, since the property vests as the exclusive property of the wife and devolves upon her own death. (ii) Indian Succession Act, 1925, S.38 -- Succession to Property -- Distribution Among Tenants-in-Common -- Property inherited under the Act is held by successors as tenants-in-common, and no concept of joint family property applies. Where a female dies intestate leaving no will, the distribution of her property, including any share earlier assimilated into it, is governed by Section 38 among her successors in interest.
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