Indian Succession Act,1925

Act No : 39

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Section : Where intestate has left no child, but grandchild or grandchildren.

38. Where intestate has left no child, but grandchild orgrandchildren.-Where the intestate has not left surviving him anychild but has left a grandchild or grandchildren and no more remotedescendant through a deceased grandchild, the property shall belong tohis surviving grandchild if there is one, or shall be equally dividedamong all his surviving grandchildren. Illustrations (i) A has three children, and no more, John, Mary and Henry. Theyall die before the father, John leaving two children, Mary three andHenry four. Afterwards A dies intestate, leaving those ninegrandchildren and63no descendant of any deceased grandchild. Each of his grandchildrenwill have one-ninth. (ii) But if Henry has died, leaving no child, then the whole isequally divided between the intestate's five grandchildren, thechildren of John and Mary.

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