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Start Free TrialINDIAN SUCCESSION ACT, 1925 Section 51
Title: Division of intestate's property among widow, widower, children and parents
State: Central
Year: 1925
Section 51 - Division of intestate's property among widow, widower, children and parents 1 [51. Division of intestate'sproperty among widow, widower, children and parents (1) Subject to the provisions of sub-section (2), theproperty of which a Parsi dies intestate shall be divided,- (a) where such Parsi dies leaving a widow or widower andchildren, among the widow or widower, and children so that the widow or widowerand each child receive equal shares; (b) where such Parsi dies leaving children, but no widow orwidower, among the children in equal shares. (2) Where a Parsi dies leaving oneor both parents in addition to children or widow or widower and children, theproperty of which such Parsi dies intestate shall be so divided that the parent or each of the parents shall receive a shareequal to half the share of each child.] ___________________ 1. Substituted byAct 51 of 1991, section 3, for sections 51 and 52.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 5
Title: Intestate Succession
State: Central
Year: 1925
.....being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 29 - Application of Part (1) This Part shall not apply to any intestacy occurring before the firstday of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist,Sikh or Jaina. (2) Save as provided in sub-section (1) or by any otherlaw for the time being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 30 - As to what property deceased considered to have died intestate A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. .....
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 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 52
Title: [Repealed]
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.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of ministers of religion; for the formation or support of a public garden; All these bequests are void. _____________________ 1. Added by Act 51 of 1991, section 6. INDIAN SUCCESSION ACT, 1925Chapter 8 - OF THE VESTING OF LEGACIES Section 119 - Date of vesting of legacy when payment or possession postponed Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives,.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 7
Title: Of Void Bequests
State: Central
Year: 1925
.....from the death of the daughters whose share it was. All these provisions are valid. Section 115 - Bequest to a class some of whom may come under rules in sections 113 and 114 If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the provisions of section 113 or section 114, such bequest shall be 1 [void in regard to those persons only, and not in regard to the whole class]. Illustrations (i) A fund is bequeathed to A for life, and after his death to all his children who shall attain the age of 25. A survives the testator, and has some children living at the testator's death. Each child of A's living at the testator's death must attain the age of 25 (if at all) within the limits allowed for a bequest. But A may have children after the testator's decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. The bequest to A's children, therefore, is inoperative as to any child born after the testator's death; 2 [and in regard to those who do not attain the age of 25 within 18 years after A's death, but is operative in regard to the other children of A]. (ii) A fund is.....
View Complete Act List Judgments citing this sectionProvident Funds Act, 1925 Schedule I
Title: List of Institution
State: Central
Year: 1925
.....New Delhi. 139. Iron Ore Board. 140. Council of Historical Research, New Delhi. 141. Rural Electrification Corporation Limited. 142. Seamen's Provident Fund Organisation. 143. Indian School of Mines, Dhanbad. 144. 9[National Council for Cooperative Training] ________________________ 1. The Schedule containing items 1 to 7 was added by Act 1 of 1930, Sec. 4. The original Schedule was repealed by Act 12 of 1927, Sec. 2 and Schedule. 2. Items 8 to 56 were added from time to time by notifications under Sec. 8 (3) of the Act. 3. Substituted by the A.O., 1950, for "Provincial". 4. Now State Bank of India. 5. Entry "15. The Punjab University" omitted by the A.O., 1948. 6. Entry "21. The Trustees of the Victoria Memorial Park, Rangoon" omitted by the A.O., 1948. 7. Entry "34. The N.W.F. Provident Branch of the Indian Red Cross Society" omitted by the A.O. 1948. 8. Added by S.R.O. 841, dated 2nd May, 1952. 9. Added by Notification No. SO1003(E) dated 20.06.2007
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 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.
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