Part 5 - Intestate Succession in Indian Succession Act, 1925
Intestate Succession.
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.
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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.
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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.
(iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property.
(iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 rupees.
INDIAN SUCCESSION ACT, 1925Chapter 2 - RULES IN CASES OF INTESTATES OTHER THAN PARSIS
Section 31 - Chapter not to apply to 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.
INDIAN SUCCESSION ACT, 1925Chapter 3 - SPECIAL RULES FOR PARSI INTESTATES
Section 50 - General principles relating to intestate succession
1 [50. General principles relating to intestate succession
For the purpose of intestate succession among Parsis-
(a) there is no distinction between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive;
(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or 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.
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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".
Section 50 - General principles relating to intestate succession
1 [50. General principles relating to intestate succession
For the purpose of intestate succession among Parsis-
(a) there is no distinction between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive;
(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or 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.
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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".
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.]
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1. Substituted byAct 51 of 1991, section 3, for sections 51 and 52.
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.]
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1. Substituted byAct 51 of 1991, section 3, for sections 51 and 52.
Section 52 - [Repealed]
52. [Repealed.]1
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1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3.
Section 52 - [Repealed]
52. [Repealed.]1
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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 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 has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death by reason of the pre-decease of all the intestate's lineal descendants directly between him or her and the intestate.
Section 54 - Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant
1 [54. Division of property whereintestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant
Where a Parsi dies without leaving any lineal descendantbut leaving a widow or widower or a widow or widower of a lineal descendant,the property of which the intestate dies intestate shall be divided in accordance with the following rules,namely:-
(a) if the intestate leaves a widow or widower but no widowor widower of a lineal descendant, the widow or widower shall take half the said property;
(b) if the intestate leaves a widow or widower and also awidow or widower of any lineal descendant, his widow or her widower shallreceive one-third of the said property and the widow or widower of any linealdescendant shall receive another one-third or if there is morethan one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them;
(c) if the intestate leaves no widow or widower, but onewidow or widower of a lineal descendant, such widow or widower of the linealdescendant shall receive one-third of the saidproperty or, if the intestate leaves no widow or widower but more than onewidow or widower of lineal descendants, two thirds of the said property shall be divided among such widows or widowers of the linealdescendants in equalshares;
(d) the residue after the division specified in clause (a),or clause (b) or clause (c) has been made shall be distributed 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.]
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1. Substituted by Act 51 of 1991, section 4.
Section 54 - Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant
1 [54. Division of property whereintestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant
Where a Parsi dies without leaving any lineal descendantbut leaving a widow or widower or a widow or widower of a lineal descendant,the property of which the intestate dies intestate shall be divided in accordance with the following rules,namely:-
(a) if the intestate leaves a widow or widower but no widowor widower of a lineal descendant, the widow or widower shall take half the said property;
(b) if the intestate leaves a widow or widower and also awidow or widower of any lineal descendant, his widow or her widower shallreceive one-third of the said property and the widow or widower of any linealdescendant shall receive another one-third or if there is morethan one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them;
(c) if the intestate leaves no widow or widower, but onewidow or widower of a lineal descendant, such widow or widower of the linealdescendant shall receive one-third of the saidproperty or, if the intestate leaves no widow or widower but more than onewidow or widower of lineal descendants, two thirds of the said property shall be divided among such widows or widowers of the linealdescendants in equalshares;
(d) the residue after the division specified in clause (a),or clause (b) or clause (c) has been made shall be distributed 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.]
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1. Substituted by Act 51 of 1991, section 4.
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].
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1. Substituted by Act 51 of 1991, section 5.
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].
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1. Substituted by Act 51 of 1991, section 5.
Section 56 - Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him.]