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Home Bare Acts Phrase: descendantIndian Succession Act, 1925 Section 54
Title: Division of Property Where Intestate Leaves No Lineal Descendant but Leaves a Widow or Widower of Any Lineal Descendant
State: Central
Year: 1925
.....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.] ___________________ 1. Substituted by Act 51 of 1991, section 4.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 40
Title: Where Intestate Leaves Lineal Descendants Not All in Same Degree of Kindred to Him, and Those Through Whom the More Remote Are Descended Are Dead
State: Central
Year: 1925
(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. Illustrations (i) A had
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 53
Title: Division of Share of Predeceased Child of Intestate Leaving Lineal Descendants
State: Central
Year: 1925
.....the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely: (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widower of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. (b) If such deceased child was a daughter, her share shall be divided equally among her children. (c) If any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate's death, shall be divided in like manner in accordance with clause (a) or clause (b) as the case may be. (d) Where a remoter lineal descendant of the intestate.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 55
Title: Division of Property Where Intestate Leaves Neither Lineal Descendants nor a Widow or Widower nor a Widow of Any Lineal Descendant
State: Central
Year: 1925
Section 55 - Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant When a Parsi dies leaving neither lineal descendants nor awidow or widower nor 1 [awidow or widower of any lineal descendant], his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property ofwhich he or she dies intestate. The next-of-kinstanding first in Part II of that Schedule shall be preferred to those standing second, the second to thethird, and so on in succession, provided that the property shall be so distributed that 1 [each male and female standing inthe same degree of propinquity shallreceive equal shares]. ___________________ 1. Substituted by Act 51 of 1991, section 5.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 33
Title: Where Intestate Has Left Widow and Lineal Descendants, or Widow and Kindred Only, or Widow and No Kindred
State: Central
Year: 1925
Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. ___________________ 1. Inserted by Act 40 of 1926, section 2.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 33A
Title: Special Provision Where Intestate Has Left Widow and No Lineal Descendants
State: Central
Year: 1925
.....and administration expenses of theintestate, and allother lawfulliabilities and charges to which the property shall besubject. (5) This section shall not apply- (a) to the property of- (i) any Indian Christian, (ii) any child or grandchild of any male person who is orwas at the time ofhis death an IndianChristian, or (iii) any person professing the Hindu,Buddhist,Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act,1872 (3of 1872) regulated by the provisions ofthis Act; (b) unless the deceased dies intestate in respect of all his property.] ___________________ 1. Inserted by Act 40 of 1926, section 3.
View Complete Act List Judgments citing this sectionHindu Succession Act, 1956 Section 26
Title: Converts Descendants Disqualified
State: Central
Year: 1956
Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 109
Title: When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
State: Central
Year: 1925
Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will. Illustration A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 39
Title: Where Intestate Has Left Only Great-grand-children or Remoter Lineal Descendants
State: Central
Year: 1925
In like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of great-grandchildren to him, or are all in a more remote degree.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 41
Title: Rules of Distribution Where Intestate Has Left No Lineal Descendants
State: Central
Year: 1925
Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow's share, if he has left a widow) shall be those contained in sections 42 to 48.
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