Indian Succession Act,1925
Act No : 39
Section :
Where intestate leaves lineal descendants not all in same degree ofkindred to him, and those through whom the more remote are descendedare dead.
40. Where intestate leaves lineal descendants not all in samedegree of kindred to him, and those through whom the more remote aredescended are dead.-(1) If the intestate has left lineal descendantswho do not all stand in the same degree of kindred to him, and thepersons through whom the more remote are descended from him are dead,the property shall be divided into such a number of equal shares asmay correspond with the number of the lineal descendants of theintestate who either stood in the nearest degree of kindred to him athis 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 linealdescendants who stood in the nearest degree of kindred to theintestate at his decease; and one of such shares shall be allotted inrespect of each of such deceased lineal descendants; and the shareallotted in respect of each of such deceased lineal descendants shallbelong to his surviving child or children or more remote linealdescendants, as the case may be; such surviving child or children ormore remote lineal descendants always taking the share which his ortheir parent or parents would have been entitled to respectively ifsuch 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 alonesurvived the father. On the death of A, intestate, one-third isallotted to Henry, one-third to John's four children, and theremaining third to Mary's one child. (ii) A left no child, but left eight grandchildren, and twochildren of a deceased grandchild. The property is divided into nineparts, one of which is allotted to each grandchild, and the remainingone-ninth is equally divided between the two great-grandchildren. (iii) A has three children, John, Mary and Henry; John diesleaving four children; and one of John's children dies leaving twochildren. Mary dies leaving one child. A afterwards dies intestate.One-third of his property is allotted to Henry, one-third to Mary'schild, and one-third is divided into four parts, one of which isallotted to each of John's three surviving children, and the remainingpart is equally divided between John's two grandchildren.64 (iv) A has two children, and no more, John and Mary. John diesbefore his father, leaving his wife pregnant. Then A dies leaving Marysurviving him, and in due time a child of John is born. A's propertyis to be equally divided between Mary and the posthumous child. Distribution where there are no lineal descendants
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