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Start Free TrialINDIAN SUCCESSION ACT, 1925 Section 44
Title: Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister living
State: Central
Year: 1925
If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each take one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 43
Title: Where intestate's father dead, but his mother, brothers and sisters living
State: Central
Year: 1925
If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. Illustration A dies intestate, survived by his mother and two brothers of the full blood, John and Henry and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 45
Title: Where intestate's father dead and his mother and children of any deceased brother or sister living
State: Central
Year: 1925
If the intestate's father is dead, but the intestate's mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves no brother or sister but leaves his mother and one child of deceased sister, Mary and two children of deceased brother George. The mother takes one-third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between then.
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 46
Title: Where intestate's father dead, but his mother living and no brother, sister, nephew or niece
State: Central
Year: 1925
If the intestate's father is dead, but the intestate's mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.
View Complete Act List Judgments citing this sectionSuccession Act, 1925 Complete Act
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....
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 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 sectionParsi Marriage and Divorce Act, 1936 Complete Act
State: Central
Year: 1936
.....17: FORMAL IRREGULARITY NOT TO INVALIDATE MARRIAGE No marriage contracted under this Act shall be deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defective, irregular or incorrect. "Clause 17.- This new clause lays down general principles on which most discreet Judges would act and have acted." CHAPTER III- PARSI MATRIMONIAL COURTS SECTION 18: CONSTITUTION OF SPECIAL COURTS UNDER THE ACT For the purpose of hearing suits under this Act, a special Court shall be constituted in each of the Presidency-towns of Calcutta, Madras and Bombay, and in such other places in the territories of the several[State Governments] as such Governments respectively shall think fit. SECTION 19: PARSI CHIEF MATRIMONIAL COURTS The Court so constituted in each of the Presidency towns shall be entitled the Parsi Chief Matrimonial Court of Calcutta, Madras or Bombay, as the case may be. The local limits of the jurisdiction of a Parsi Chief Matrimonial Court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the High Court. The.....
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