Indian Succession Act,1925
Act No : 39
Section :
Division of share of predeceased child of intestate leaving linealdescendants.
53. Division of share of predeceased child of intestate leavinglineal descendants.-In all cases where a Parsi dies leaving any linealdescendant, if any child of such intestate has died in the lifetime ofthe intestate, the division of the share of the property of which theintestate has died intestate which such child would have taken ifliving at the intestate's death shall be in accordance with thefollowing 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 with clause (a) or clause (b) as the case may be.68 (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.
Read All Comments
