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Indian Succession Act, 1925 Section 54 - Bare Act

StateCentral Government
Year
Section TitleDivision of Property Where Intestate Leaves No Lineal Descendant but Leaves a Widow or Widower of Any Lineal Descendant
Act Info:

Section 54 - Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant

1 [54. Division of property whereintestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant

Where a Parsi dies without leaving any lineal descendantbut leaving a widow or widower or a widow or widower of a lineal descendant,the property of which the intestate dies intestate shall be divided in accordance with the following rules,namely:-

(a) if the intestate leaves a widow or widower but no widowor widower of a lineal descendant, the widow or widower shall take half the said property;

(b) if the intestate leaves a widow or widower and also awidow or widower of any lineal descendant, his widow or her widower shallreceive one-third of the said property and the widow or widower of any linealdescendant shall receive another one-third or if there is morethan one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them;

(c) if the intestate leaves no widow or widower, but onewidow or widower of a lineal descendant, such widow or widower of the linealdescendant shall receive one-third of the saidproperty or, if the intestate leaves no widow or widower but more than onewidow or widower of lineal descendants, two thirds of the said property shall be divided among such widows or widowers of the linealdescendants in equalshares;

(d) the residue after the division specified in clause (a),or clause (b) or clause (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part 1 of Schedule II; and the next-of-kin standing first in PartI of that Scheduleshall be preferredto those standing second, the second to the third and so on in succession,provided that the property shallbe so distributed that each male and female standing in the same degree ofpropinquity shall receive equal shares;

(e) if there are no relatives entitled to the residue underclause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.]

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1. Substituted by Act 51 of 1991, section 4.




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