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Home Bare Acts Phrase: intestateIndian 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 sectionIndian Succession Act, 1925 Chapter 3
Title: Special Rules for Parsi Intestates
State: Central
Year: 1925
..... Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 53 - Division of share of predeceased child of intestate leaving lineal descendants In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which 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.....
View Complete Act List Judgments citing this sectionHindu Succession Act, 1956 Chapter II
Title: Intestate Succession
State: Central
Year: 1956
.....of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.--For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December,2004 Explanation- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.] ________________________________ 1. Substituted vide Hindu Succession (Amendment) Act, 2005. Previous text was When a male Hindu dies after the.....
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 50
Title: General Principles Relating to Intestate Succession
State: Central
Year: 1925
.....2 [a widow or widower of any lineal descendant] shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and (c) where a 2 [widow or widower of any relative] of an intestate has married again in the lifetime of the intestate, 3 [such widow or widower] shall not be entitled to receive any share of the property of which the intestate has died intestate, and 3 [such widow or widower] shall be deemed not to be existing at the intestate's death. ___________________ 1. Substituted by Act 17 of 1939, section 2, for the original sections 50-56 (w.e.f. 12-6-1939). 2. Substituted by Act 51 of 1991, section 2. 3. Substituted by Act 51 of 1991, section 2. for the word "she".
View Complete Act List Judgments citing this sectionIndian 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 48
Title: Where Intestate Has Left Neither Lineal Descendant, nor Parent, nor Brother, nor Sister
State: Central
Year: 1925
Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations (i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. (ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares. (iv) Ten children of one brother or sister of the intestate and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him.
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 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
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