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Section 33A - Special Provision Where Intestate Has Left Widow and No Lineal Descendants in Indian Succession Act, 1925

snapp 33A ISA 1925 0 Notes

Special Provision Where Intestate Has Left Widow and No Lineal Descendants.

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.

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