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Start Free TrialIndian Succession Act, 1925 Section 38
Title: Where Intestate Has Left No Child, but Grand-child or Grand-children
State: Central
Year: 1925
Where the intestate has not left surviving him any child but has left a grand-child or grand-children and no more remote descendant through a deceased grand-child, the property shall belong to his surviving grand-child if there is one, or shall be equally divided among all his surviving grand-children. Illustrations (i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no descendant of any deceased grand-child. Each of his grand-children will have one-ninth. (ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five grand-children, the children of John and Mary.
View Complete Act List Judgments citing this sectionParsi Marriage and Divorce Act, 1936 Schedule I
Title: Schedule
State: Central
Year: 1936
SCHEDULE I (See section 3) Table of prohibited degrees of consanguinity and affinity A man shall not marry his 1. Paternal grand-father's mother. 2. Paternal grand-mother's mother. 3. Maternal grand-father's mother. 4. Maternal grand-mother's mother. 5. Paternal grand-mother. 6. Paternal grand-father's wife. 7. Maternal grand-mother. 8. Maternal grand-father's wife. 9. Mother or step-mother. 10. Father's sister or step-sister. 11. Mother's sister or step-sister. 12. Sister or step-sister. 13. Brother's daughter or step-brother's daughter, or any direct lineal descendant of a brother or step-brother. 14. Sister's daughter or step-sister's daughter, or any direct lineal descendant of a sister or step-sister. 15. Daughter or step-daughter, or any direct lineal descendant of either. 16. Son's daughter or step-son's daughter, or any direct lineal descendant of a son or step-son. 17. Wife of son or step-son, or of any direct lineal descendant of a son or step-son. 18. Wife of daughter's son or of step-daughter's son, or of any direct lineal descendant of a daughter or step-daughter. 19. Mother of daughter's husband. 20. Mother of son's.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 5
Title: Intestate Succession
State: Central
Year: 1925
.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 2
Title: Rules in Cases of Intestates Other Than Parsis
State: Central
Year: 1925
.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. 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.....
View Complete Act List Judgments citing this sectionThe Madras Marumakkattayam Act, 1932 Complete Act
State: Kerala
Year: 1932
.....among the members of the tarwad or tavazhi then living. Explanation 3.--The provisions of this section shall apply to a tarwad notwithstanding the fact that immediately before the commencement of the Madras Marumakkattayam (Amendment) Act, 1958, the tarwad was included in the Schedule or that the tarwad had been registered as impartible Explanation 4.--The provisions of this section shall apply to all suits for partition, appeals and other proceedings arising therefrom filed or proceeded with by members or their legal representatives and pending in the Courts immediately before the commencement of the Madras Marumakkattyam (Amendment) Act, 1958 and such suits, appeals and other proceeding shall be disposed of in accordance with the provisions of this section as if this section were in force at the time of the institution of such suits, appeals or other proceedings] Section 39 - Partition on change of Religion Substituted by of Act 26 of 1958 [Any member of a tarwad or tavazhi who has changed his or her religion may claim or be compelled by any other member of the tarwad or tavazhi, to take his or her share of all the tarwad or tavazhi properties over which the tarwad or.....
List Judgments citing this sectionSpecial Marriage Act, 1954 Schedule I
Title: The First Schedule
State: Central
Year: 1954
THE FIRST SCHEDULE [See section 2(b) "Degrees of prohibited relationship"] PART I 1. Mother. 2. Father's widow (step-mother). 3. Mother's mother. 4. Mother's father's widow (step grand-mother). 5. Mother's mother's mother. 6. Mother's mother's father's widow (step great grand-mother). 7. Mother's father's mother. 8. Mother's father's father's widow (step great grand-mother). 9. Father's mother. 10. Father's father's widow (step-grand mother). 11. Father's mother's mother. 12. Father's mother's father's widow (step great grand-mother). 13. Father's father's mother. 14. Father's father's father's widow (step great grand-mother). 15. Daughter. 16. Son's widow. 17. Daughter's daughter. 18. Daughter's son's widow. 19. Son's daughter. 20. Son's son's widow. 21. Daughter's daughter's daughter. 22. Daughter's daughter's son's widow. 23. Daughter's son's daughter. 24. Daughter's son's son's widow. 25. Son's daughter's daughter. 26. Son's daughter's son's widow. 27. Son's son's daughter. 28. Son's son's son's widow. 29. Sister. 30. Sister's daughter. 31. Brother's daughter. 32. Mother's sister. 33. Father's sister. .....
View Complete Act List Judgments citing this sectionThe Cochin Nayar Act, 1938 Complete Act
State: Kerala
Year: 1938
.....71 - Partition destroys, impartibility If a partition takes place in any tarwad mentioned in section 66, the provisions of this Chapter shall ipso facto cease to apply to the units into which it is divided. Section 72 - Adoption when to be made Where a tarwad consists of only male members or of only female members past the period of child-bearing, or of both, the Karanavan may, with the consent in writing of all the other members of the tarwad make an adoption for the purpose of perpetuating the family. Such adoption may be of one or more females with or without males. Section 73 - Rights and duties of the adoptees The adoptees shall have in the adopted family all rights and duties as appertain to the members born therein and shall be liable to take the customary Theetturam from His Highness the Maharaja. Section 74 - Marriages dissolved before Act XIII of 1095 came into force not affected by this Act Nothing in this Act shall:- (a) Confer any rights on the parties to, or off-spring of, a marriage dissolved before Act XIII of 1095, or (b) affect rules of Marumakkathayam law, custom or usage except to the extent hereinbefore expressly provided for. Section 75 -.....
List Judgments citing this sectionThe Christian Succession Act, 1921 (Cochin) Complete Act
State: Kerala
Year: 1921
.....no necessary presumption from Notwithstanding proof that a Passaram was paid to the Church on the occasion of a marriage, it is a question of fact, (a) Whether any Streedhanam was given or contracted to be given, and (b) Whether the amount fixed for calculating the Passaram as its sub-multiple is the amount of the Streedhanam given or contracted to be given (c) Where the intestate has left no lineal descendants: Section 24 - Where no lineal descendants are left Where the intestate has left no lineal descendant, the rules for the distribution, of his properly (after deducting the widow's share if he has left a widow) are as follows:- Section 25 - Father's right If the intestate's father is living he should succeed to the property. Section 26 - Mother when there are brothers or descendants of brother If the intestate's father is dead, but the intestate's mother is living, and there are also brothers of the intestate by the same father who either survive him or having predeceased him, have left lineal descendants surviving him, a share equal to that if such a brother shall belong to the mother. Section 27 - Mother when there are sisters or their.....
List Judgments citing this sectionFinance Act, 1969 Complete Act
State: Central
Year: 1969
.....mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining. Explanation,- For the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining, if the income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter Vl-A of the Income-tax Act) is not less than fifty-one per cent. of such total income. (d) "tax-free security" means any security of the Central Government issued or declared to be income-tax free, or any security of a State Government issued income-tax free, the income-tax whereon is payable by the State Government; (e) all other words and expressions used in this section and the First Schedule but not defined in this sub-section and defined in the Income-tax Act shall have the meanings respectively assigned to them in that Act. SECTION 03:.....
List Judgments citing this sectionFinance Act 1968 Schedule I
Title: First Schedule
State: Central
Year: 1968
..... interested, or (ii) a company as is referred to in clause (iii) of sub-section (2) or clause (a) or clause (b) of sub-section (4) of section 104 of the Income-tax Act, or (iii) such a company as is exempt from the operation of section 104 of the said Act by a notification issued under the provisions of sub-section (3) of that section, on so much of the total income as does not exceed the relevant amount of distributions of dividends by the company 7.5 per cent. : Provided that the income-tax payable be a domestic company, being a company in which the public are substantially interested, the total income of which exceeds Rs. 50,000, shall not exceed the aggregate of (a) the income-tax which would have been payable by the company if its total income had been Rs. 50,000 (the income of Rs. 50,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company); and (b) 80 per cent. of the amount by which its total income exceeds Rs. 50,000 Explanation 1 :.....
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