LexThe indian succession act,1925
Punjab · state statute
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THE INDIAN SUCCESSION ACT, 1925
ACT No. 39 OF 1925 1*
[30th September, 1925.]
An Act to consolidate the law applicable to intestate and testamentary succession 2* ;
WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary
succession 2* ; It is hereby enacted as follows:--
PART I
PRELIMINARY
1. Short title. .-This Act may be called the Indian Succession Act, 1925.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or
context,--
(a) "administrator" means a person appointed by competent
authority to administer the estate of a deceased person
when there is no executor;
(b) "codicil" means an instrument made in relation to a
will, and explaining, altering or adding to its
dispositions, and shall be deemed to form part of the
will;
3* [(bb) "District Judge" means the Judge of a principal
Civil Court of original jurisdiction;]
(c) "executor" means a person to whom the execution of the
last will of a deceased person is, by the testator's
appointment, confided;
4* [(cc) "India" means the territory of India excluding the
State of Jammu and Kashmir;]
(d) "Indian Christian" means a native of India who is, or in
good faith claims to be, of unmixed Asiatic descent and
who professes any form of the Christian religion;
(e) "minor" means any person subject to the Indian Majority
Act, 1875 (9 of 1875.), who has not attained his
majority within the meaning of that Act, and any other person who has not
completed the age of eighteen years; and "minority"
means the status of any such person;
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1 The Act has been extended to Berar by the Berar Laws Act, 1941 (4
of 1941) and to Manipur by the Union Territories (Laws) Amendment
Act, 1956 (68 of 1956).
Extended to and brought into forco in Dadra and Nagar Haveli
(w.e.f. 1.7.65) b Reg. 6 of 1963, s. 2 & Sch. I.
2 The words "in the Provinces of India" omitted by the A. O. 1950.
3 Ins. by Act 18 of 1929, s. 2.
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4 Ins. by Act 3 of 1951, s. 3 and Sch.
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(f) "probate" means the copy of a will certified under the
seal of a Court of competent jurisdiction with a grant
of administration to the estate of the testator;
1* [(g) "State" includes any division of India having a Court
of the last resort;] and
(h) "will" means the legal declaration of the intention of a
testator with respect to his property which he desires
to be carried into effect after his death.
3. Power of State Government to exempt any race, sect or tribe in the State
from operation of Act. - (1) The State Government may, by notification in the Official
Gazette, either retrospectively from the sixteenth day of March, 1865, or prospectively,
exempt from the operation of any of the following provisions of this Act, namely,
sections 5 to 49, 58 to 191, 212, 213 and 215 to 369, the members of any race, sect or tribe
in the State, or of any part of such race, sect or tribe, to whom the State Government
considers it impossible or inexpedient to apply such provisions or any of them mentioned in
the
order.
(2) The State Government may, by a like notification, revoke any such order, but not so
that the revocation shall have retrospective effect.
(3) Persons exempted under this section or exempted from the operation of any of the
provisions of the Indian Succession Act, 1865 2* (10 of 1865.), under section 332 of that
Act are in this Act referred to as "exempted persons".
PART II
OF DOMICILE
4. Application of Part. -This Part shall not apply if the deceased
was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.
5. Law regulating succession to deceased person's immoveable and moveable
property, respectively. -(1) Succession to the immoveable property in 3* [India] of a
person deceased shall be regulated by the law of 3* [India], wherever such person may have
had his domicile at the time of his death.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for the original cl.
2 Rep. by this Act.
3 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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(2) Succession to the moveable property of a person deceased is regulated by the law of
the country in which such person had his domicile at the time of his death.
Illustrations
(i) A, having his domicile in 1* [India], dies in France, leaving
moveable property in France, moveable property in England, and
property, both moveable and immoveable, in 1* [India]. The succession
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to the whole is regulated by the law of 1* [India].
(ii) A, an Englishman, having his domicile in France, dies in
1* [India], and leaves property, both moveable and immoveable, in
1* [India]. The succession to the moveable property is regulated by the
rules which govern, in France, the succession to the moveable property
of an Englishman dying domiciled in France, and the succession to the
immoveable property is regulated by the law of 1* [India].
6. One domicile only affects succession to moveables. .-A person can have only one
domicile for the purpose of the succession to his moveable property.
7. Domicile of origin of person of legitimate birth. -The domicile of origin of every
person of legitimate birth is in the country in which at the time of his birth his father was
domiciled; or, if he is a posthumous child, in the country in which his father was domiciled
at the time of the father's death.
Illustration
At the time of the birth of A, his father was domiciled in England. A's domicile of
origin is in England, whatever may be the country in which he was born.
8. Domicile of origin of illegitimate child .-The domicile of origin of an illegitimate
child is in the country in which, at the time of his birth, his mother was domiciled.
9. Continuance of domicile of origin .-The domicile of origin prevails until a new
domicile has been acquired.
10. Acquisition of new domicile.- A man acquires a new domicile by taking up his
fixed habitation in a country which is not that of his domicile of origin.
Explanation.--A man is not to be deemed to have taken up his fixed habitation in
1* [India] merely by reason of his residing there in 2*[the civil, military, naval or air force
service of Government], or in the exercise of any profession or calling.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
2 Subs. by the A. O. 1950, for "His Majesty's civil, military,
naval or air force service".
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Illustrations
(i) A, whose domicile of origin is in England, proceeds to
1* [India], where he settles as a barrister or a merchant, intending to
reside there during the remainder of his life. His domicile is now in
1* [India].
(ii) A, whose domicile is in England, goes to Austria, and enters
the Austrian service, intending to remain in that service. A has
acquired a domicile in Austria.
(iii) A, whose domicile of origin is in France, comes to reside
in 1* [India] under an engagement with the Central Government for a
certain number of years. It is his intention to return to France, at
the end of that period. He does not acquire a domicile in 1* [India].
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(iv) A, whose domicile is in England, goes to reside in 1* [India]
for the purpose of winding up the affairs of a partnership which has
been dissolved, and with the intention of returning to England as soon
as that purpose is accomplished. He does not by such residence acquire
a domicile in 1* [India], however long the residence may last.
(v) A, having gone to reside in 1* [India] in the circumstances
mentioned in the last preceding illustration, afterwards alters his
intention, and takes up his fixed habitation in 1* [India]. A has
acquired a domicile in 1* [India].
(vi) A, whose domicile is in the French Settlement of
Chandernagore, is compelled by political events to take refuge in
Calcutta, and resides in Calcutta for many years in the hope of such
political changes as may enable him to return with safety to
Chandernagore. He does not by such residence acquire a domicile in
1* [India].
(vii) A, having come to Calcutta in the circumstances stated in
the last preceding illustration, continues to reside there after such
political changes have occurred as would enable him to return with
safety to Chandernagore, and he intends that his residence in Calcutta
shall be permanent. A has acquired a domicile in 1* [India].
11. Special mode of acquiring domicile in India .-Any person may
acquire a domicile in 1* [India] by making and depositing in some
office in 1* [India], appointed in this behalf by the State Government,
a declaration in writing under his hand of his desire to acquire such
domicile; provided that he has been resident in 1* [India] for one year
immediately preceding the time of his making such declaration.
12. Domicile not acquired by residence as representative of foreign
Government, or as part of his family. -A person who is appointed
by the Government of one country to be its ambassador, consul or other
representative in another country does not acquire a domicile in the
latter country by reason only of residing there in pursuance of his
appointment; nor does any other person acquire such domicile by reason
only of residing with such first-mentioned person as part of his
family, or as a servant.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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13. Continuance of new domicile. -A new domicile continues until
the former domicile has been resumed or another has been acquired.
14. Minor's domicile. -The domicile of a minor follows the
domicile of the parent from whom he derived his domicile of origin.
Exception.--The domicile of a minor does not change with that of
his parent, if the minor is married, or holds any office or employment
in the service of Government, or has set up, with the consent of the
parent, in any distinct business.
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15. Domicile acquired by woman on marriage. -By marriage a woman
acquires the domicile of her husband, if she had not the same domicile
before.
16. Wife's domicile during marriage. -A wife's domicile during her
marriage follows the domicile of her husband.
Exception.--The wife's domicile no longer follows that of her
husband if they are separated by the sentence of a competent Court, or
if the husband is undergoing a sentence of transportation.
17. Minor's acquisition of new domicile .-Save as hereinbefore
otherwise provided in this Part, person cannot, during minority,
acquire a new domicile.
18. Lunatic's acquisition of new domicile. -An insane person
cannot acquire a new domicile in any other way than by his domicile
following the domicile of another person.
19. Succession to moveable property in India in absence of proof of
domicile elsewhere. -If a person dies leaving moveable property in
1* [India], in the absence of proof of any domicile elsewhere,
succession to the property is regulated by the law of 1* [India].
PART III
MARRIAGE
20. Interests and powers not acquired not lost by marriage .-(1)
No person shall, by marriage, acquire any interest in the property of
the person whom he or she marries or become incapable of doing any act
in respect of his or her own property which he or she could have done
if unmarried.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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(2) This section--
(a) shall not apply to any marriage contracted before the
first day of January, 1866;
(b) shall not apply, and shall be deemed never to have
applied, to any marriage, one or both of the parties to
which professed at the time of the marriage the Hindu,
Muhammadan, Buddhist, Sikh or Jaina religion.
21. Effect of marriage between person domiciled and one not domiciled in
India. -If a person whose domicile is in 1*[India] marries
in 1*[India] a person whose domicile is in 1*[India], neither party
acquires by the marriage any rights in respect of any property of the
other party not comprised in a settlement made previous to the
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marriage, which he or she would not acquire thereby if both were
domiciled in 1*[India] at the time of the marriage.
22. Settlement of minor's property in contemplation of marriage. -
(1) The property of a minor may be settled in contemplation of
marriage, provided the settlement is made by the minor with the
approbation of the minor's father, or, if the father is dead or absent
from 1*[India], with the approbation of the High Court.
(2) Nothing in this section or in section 21 shall apply to any
will made or intestacy occurring before the first day of January,
1866, or to intestate or testamentary succession to the property of
any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
PART IV
OF CONSANGUINITY
23. Application of Part. -Nothing in this Part shall apply to any
will made or intestacy occurring before the first day of January,
1866, or to intestate or testamentary succession to the property of
any Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi.
24. Kindred or consanguinity .-Kindred or consanguinity is the
connection or relation of persons descended from the same stock or
common ancestor.
25. Lineal consanguinity. -(1) Lineal consanguinity is that which
subsists between two persons, one of whom is descended in a direct
line from the other, as between a man and his father, grandfather and
great-grandfather, and so upwards in the direct ascending line; or
between a man and his son, grandson, great-grandson and so downwards in the direct
descending line.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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(2) Every generation constitutes a degree, either ascending or
descending.
(3) A person's father is related to him in the first degree, and
so likewise is his son; his grandfather and grandson in the second
degree; his great-grandfather and great-grandson in the third degree,
and so on.
26. Collateral consanguinity. -(1) Collateral consanguinity is
that which subsists between two persons who are descended from the
same stock or ancestor, but neither of whom is descended in a direct
line from the other.
(2) For the purpose of ascertaining in what degree of kindred any
collateral relative stands to a person deceased, it is necessary to
reckon upwards from the person deceased to the common stock and then
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downwards to the collateral relative, a degree being allowed for each
person, both ascending and descending.
27. Persons held for purpose of succession to be similarly related to
deceased. -For the purpose of succession, there is no
distinction--
(a) between those who are related to a person deceased
through his father, and those who are related to him
through his mother; or
(b) between those who are related to a person deceased by
the full blood, and those who are related to him by the
half blood; or
(c) 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.
28. Mode of computing of degrees of kindred. -Degrees of kindred
are computed in the manner set forth in the table of kindred set out
in Schedule I.
Illustrations
(i) The person whose relatives are to be reckoned, and his
cousin-german, or first cousin, are, as shown in the table, related in
the fourth degree; there being one degree of ascent to the father, and
another to the common ancestor, the grandfather; and from him one of
descent to the uncle, and another to the cousin-german, making in all
four degrees.
(ii) A grandson of the brother and a son of the uncle, i.e., a
great-nephew and a cousin-german, are in equal degree, being each four
degrees removed.
(iii) A grandson of a cousin-german is in the same degree as the
grandson of a great-uncle, for they are both in the sixth degree of
kindred.
PART V
INTESTATE SUCCESSION
CHAPTER I
Preliminary
29. Application of Part. -(1) This Part shall not apply to any
intestacy occurring before the first day 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 other law for
the time being in force, the provisions of this Part shall constitute
the law of 1*[India] in all cases of intestacy.
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
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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 leaving
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.
CHAPTER II
Rules in cases of Intestates other than Parsis
31. Chapter not to apply to Parsis.-Nothing in this Chapter shall
apply to Parsis.
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.
Explanation.--A widow is not entitled to the provision hereby
made for her if, by a valid contract made before her marriage, she has
been excluded from her distributive share of her husband's estate.
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1 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
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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-third 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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2*[ 33A. Special provision where intestate has left widow and no
lineal descendants .-(1) Where the intestate has left a widow but no
lineal descendants and the nett value of his property does not exceed
five thousand rupees, the whole of his property shall belong to the
widow.
(2) Where the nett value of the property 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
such sum of five thousand rupees, with interest thereon from the date
of the death of the intestate at 4 per cent. per annum until payment.
(3) The provision for the widow made by this section shall be in
addition and without prejudice to her interest and share in the
residue of the estate of such intestate remaining after payment of the
said sum of five thousand rupees with interest as aforesaid, and such
residue shall be distributed in accordance with the provisions of
section 33 as if it were the whole of such intestate's property.
(4) The nett value of the property shall be ascertained by
deducting from the gross value thereof all debts, and all funeral and
administration expenses of the intestate, and all other lawful
liabilities and charges to which the property shall be subject.
(5) This section shall not apply--
(a) to the property of--
(i) any Indian Christian,
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1 Ins. by Act 40 of 1926, s. 2.
2 Ins. by s. 3, ibid.
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(ii) any child or grandchild of any male person
who is or was at the time of his death an Indian
Christian, 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
(3 of 1872.), regulated by the provisions of this Act;
(b) unless the deceased dies intestate in respect of all his
property.]
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.
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.
Distribution where there are lineal descendants
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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.
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.
38. Where intestate has left no child, but grandchild or grandchildren. -Where
the intestate has not left surviving him any
child but has left a grandchild or grandchildren and no more remote
descendant through a deceased grandchild, the property shall belong to
his surviving grandchild if there is one, or shall be equally divided
among all his surviving grandchildren.
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 grandchild. Each of his grandchildren
will have one-ninth.
(ii) But if Henry has died, leaving no child, then the whole is
equally divided between the intestate's five grandchildren, the
children of John and Mary.
39. Where intestate has left only great-grandchildren 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.
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
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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 grandchildren, and two
children of a deceased grandchild. The property is divided into nine
parts, one of which is allotted to each grandchild, and the remaining
one-ninth is equally divided between the two great-grandchildren.
(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 grandchildren.
(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.
Distribution where there are no lineal descendants
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.
42. Where intestate's father living .-If the intestate's father is
living, he shall succeed to the property.
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.
44. Where intestate's father dead and his mother, a brother or sister, and
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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 takes one-fifth, the child of Mary takes one-fifth, and the
two children of George divide the remaining one-fifth equally between
them.
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 a deceased sister, Mary, and two children of a
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 them.
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.
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.
48. Where intestate has left neither lineal descendant, nor parent, nor
brother, nor sister .-Where the intestate has left neither
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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.
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.
CHAPTER III
Special Rules for Parsi Intestates
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, 2*[such widow or widower shall not be
entitled to receive any share of the
property of which the intestate has died
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intestate, and 2*[such widow or widower] shall be
deemed not to be existing at the intestate's death.
3* 51. Division of intestate's property among widow, widower, children and
Parents. -(1) Subject to the provisions of sub-section
(2), the property of which a Parsi dies intestate shall be divided,--
(a) where such Parsi dies leaving a widow or widower and
children, among the widow or widower, and children so that the
widow or widower and each child receive equal shares;
(b) where such Parsi dies leaving children, but no widow or
widower, among the children in equal shares.
(2) Where a Parsi dies leaving one or both parents in addition to
children or widow or widower and children, the property of which such
Parsi dies intestate shall be so divided that the parent or each of
the parents shall receive a share equal to half the share of each
child."].
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1 Subs. by Act 17 of 1939, s. 2, for the original ss. 50-56 (w.e.f.
12-6-1939).
2 Subs. by Act 51 of 1991, s. 2.
3 Subs. by s. 3, ibid.
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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 widow 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
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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.
1* [54. Division of property where intestate leaves no lineal descendant out
leaves a widow or widower or a widow or widower of any lineal
descendant. -Where a Parsi dies without leaving any lineal
descendant but 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 widow
or 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 a
widow or widower of any lineal descendant, his widow or her
widower shall receive one-third of the said property and the
widow or widower of any lineal descendant shall receive another
one-third or if there is more than 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 one
widow or widower of a lineal descendant, such widow or widower of
the lineal descendant shall receive one-third of the said
property or, if the intestate leaves no widow or widower but more
than one widow or widower of lineal descendants, two-thirds of
the said property shall be divided among such widows or widower
of the lineal descendants in equal shares;
(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 I of Schedule II; and the next-of-kin standing first in Part
I of that Schedule shall be preferred to those standing second,
the second, the second to the third and so on in succession,
provided that the property shall be so distributed that each male
and female standing in the same degree of propinquity shall
receive equal shares;
(e) if there are no relatives entitled to the residue under
clause (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 Subs. by Act 51 of 1991, s. 4.
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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 a widow or widower nor 1*["a widow 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 of which
he or she dies intestate. The next-of-kin standing first in Part II of
that Schedule shall be preferred to those standing second, the second
to the third, and so on in succession, provided that the property
shall be so distributed that 1*["each male and female standing in the
same degree of propinquity shall receive equal shares"].
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 sExcerpt shown. Open the full act in Lexace.