Chapter 2 - Rules in Cases of Intestates Other Than Parsis in Indian Succession Act, 1925
Rules in Cases of Intestates Other Than Parsis.
Nothing in this Chapter shall apply to Parsis.
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.
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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.
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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 are of kindred to him, the whole of his property shall belong to his widow.
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1. Inserted by Act 40 of 1926, 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 are of kindred to him, the whole of his property shall belong to his widow.
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1. Inserted by Act 40 of 1926, section 2.
Section 33A - Special provision where intestate has left widow and no lineal descendants
1 [33A. Special provision whereintestate has left widow and no lineal descendants.-
(1) Where the intestate has left awidow but no lineal descendants and the net value of his property does not exceed five thousand rupees, the wholeof his property shall belong to the widow.
(2) Where the net value of theproperty exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for suchsum of five thousand rupees, with interest thereon from the date of the deathof the intestate at 4 per cent, per annum untilpayment.
(3) The provision for the widowmade by this sectionshall be in additionand without prejudice to her interest and share in the residue of the estate of such intestate remaining afterpayment of the said sum of five thousand rupees with interest as aforesaid, andsuch residue shall be distributed in accordancewith the provisions of section 33 asif it were the whole of such intestate's property.
(4) The net value of the property shall be ascertained by deducting from the gross valuethereof all debts, and all funeral 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.]
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1. Inserted by Act 40 of 1926, section 3.
Section 33A - Special provision where intestate has left widow and no lineal descendants
1 [33A. Special provision whereintestate has left widow and no lineal descendants.-
(1) Where the intestate has left awidow but no lineal descendants and the net value of his property does not exceed five thousand rupees, the wholeof his property shall belong to the widow.
(2) Where the net value of theproperty exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for suchsum of five thousand rupees, with interest thereon from the date of the deathof the intestate at 4 per cent, per annum untilpayment.
(3) The provision for the widowmade by this sectionshall be in additionand without prejudice to her interest and share in the residue of the estate of such intestate remaining afterpayment of the said sum of five thousand rupees with interest as aforesaid, andsuch residue shall be distributed in accordancewith the provisions of section 33 asif it were the whole of such intestate's property.
(4) The net value of the property shall be ascertained by deducting from the gross valuethereof all debts, and all funeral 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.]
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1. Inserted by Act 40 of 1926, section 3.
Section 34 - Where intestate has left no widow, and where he has left no kindred
Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government.
Section 35 - Rights of widower
A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband's property, if he dies intestate.
Section 36 to 40 - Distribution where there are lineal descendants
Section 36 - Rules of distribution
The rules for the distribution of the intestate's property (after deducting the widow's share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40.
Section 37 - Where intestate has left child or children only
Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
Section 38 - Where intestate has left no child, but grand-child or grand-children
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.
Section 39 - Where intestate has left only great-grand-children or remoter lineal descendants
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.
Section 40 - 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
(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 three children, John, Mary and Henry; John died, leaving four children, and Mary died, leaving one, and Henry alone survived the father. On the death of A, intestate, one-third is allotted to Henry, one-third to John's four children, and the remaining third to Mary's one child.
(ii) A left no child, but left eight grand-children, and two children of a deceased grand-child. The property is divided into nine parts, one of which is allotted to each grand-child, and the remaining one-ninth is equally divided between the two great-grand-children.
(iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John's children dies leaving two children. Mary dies leaving one child, A afterwards dies intestate. One-third of his property is allotted to Henry, one-third to Mary's child and one-third is divided into four parts, one of which is allotted to each of John's three surviving children, and the remaining part is equally divided between John's two grand-children.
(iv) A has two children, and no more, John and Mary. John dies before his father, leaving his wife pregnant. Then A dies leaving Mary surviving him, and in due time a child of John is born, A's property is to be equally divided between Mary and the posthumous child.
Section 41 to 49 - Distribution where there are no lineal descendants
Section 41 - Rules of distribution where intestate has left no lineal descendants
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.
Section 42 - Where intestate's father living
If the intestate's father is living, he shall succeed to the property.
Section 43 - Where intestate's father dead, but his mother, brothers and sisters living
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.
Section 44 - Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister living
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.
Section 45 - Where intestate's father dead and his mother and children of any deceased brother or sister living
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.
Section 46 - Where intestate's father dead, but his mother living and no brother, sister, nephew or niece
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.
Section 47 - Where intestate has left neither lineal descendant, nor father, nor mother
Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, 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.
Section 48 - Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
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. They will each take one-eleventh of the property.
Section 49 - Children's advancements not brought into hotchpot
Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.