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| Home > Real Estate, Wills, Probate and Trust > Inheritance in Absence of A Will under Indian Succession Act |
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| Rules of Distribution (Children, Grandchildren Etc. ) |
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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 are as follows.
( Lineal descendants mean descendant born in lawful wedlock only. )
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.
Child or children- The word "child" does not include an illegitimate child, but must be one born out of lawful wedlock. The words "any child" mean and include "children" as well.
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 only one, or shall be equally divided among all his surviving grandchildren.
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.
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.
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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.
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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 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 |
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