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TypeBare Act JurisdictionCentral Government

Succession Act, 1925 Section 40

WHERE INTESTATE LEAVES LINEAL DESCENDANTS NOT ALL IN SAME DEGREE OF KINDRED TO HIM, AND THOSE THROUGH WHOM THE MORE

~1 min read
https://sooperkanoon.com/act/465239

Bare act section · Research

About this section

Succession Act, 1925 Section 40 is part of Succession Act, 1925 - WHERE INTESTATE LEAVES LINEAL DESCENDANTS NOT ALL IN SAME DEGREE OF KINDRED TO HIM, AND THOSE THROUGH WHOM THE MORE. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him.

(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate.

Frequently asked questions

What does Succession Act, 1925 Section 40 provide?

Section Section 40 of the Succession Act, 1925 (WHERE INTESTATE LEAVES LINEAL DESCENDANTS NOT ALL IN SAME DEGREE OF KINDRED TO HIM, AND THOSE THROUGH WHOM THE MORE) is reproduced on this page as part of the Succession Act, 1925. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Succession Act, 1925 Section 40?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Succession Act, 1925 Section 40. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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