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Inheritance and I.S.A


Application

  • Hindus, Muslims, Buddhist, Sikh, Jana - This part does not apply to the property of any Hindu, Mohammedan, Buddhist, Sikh or Jaina. Muhammadans are governed by Mohammedan Law of Inheritance and the Hindus Buddhists, Sikhs and Jainas by the Hindu Succession Act, 1956.

  • Parsis The following provisions do not apply to Parsis.

  • Special Marriage Act Notwithstanding anything contained in the Indian Succession Act with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under the Special Marriage Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act.

However if two persons who are Hindus get married under the Special Marriage Act the above provision does not apply and they are governed by the Hindu Succession Act.

Distribution of Property Widow / Widower

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 given below.

However 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 husbands estate.

 

Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

Where the intestate has a widow-

  1. 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;

  2. if he 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 of kindred to him, in the order and according to the rules hereinafter contained:

  3. if he has left none who are of kindred to him, the whole of his property shall belong to his widow.

 

Lineal descendants mean descendant born in lawful wedlock only.

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.



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