Report No. 110
Intestates other than Parsis: Sections 31 to 49
(31) Where the intestate governed by section 33 leaves no surviving issue, parent, brother or sister of the whole blood or issue of such brother or sister, his whole estate should pass to the widow On this point the provision in section 46, Intestates Estates Act, 1952 (Eng.) is worth adopting, being in consonance with the present day sentiments. Section 33 should be amended accordingly.1
1. Paras. 9.5, 9.6 and 9.8.
(32) Section 33A, providing for the compulsory share of the widow where the deceased has left no lineal descendants, should be amended so as to
(i) increase the amount from 5,000 rupees to Rs. 35,000; and
(ii) increase the rate of interest from 4 p.c. to 9 p.c.1
1. Para. 9.8.
(33) Section 34 provides that where the intestate has left no widow, his property shall go-
(a) to his lineal descendants; or
(b) to those who are of kindred to him, not being lineal descendants, according to the prescribed rules; or
(c) if no kindred are left, then to the Government.
The most usual cases under the last part are of illegitimate persons. Although, technically, their property goes to Government, it appears that there was practice in the past of the Crown (now, the State) re-granting the property to certain relatives, in case of illegitimate persons.1
The Law Commission has not been able to ascertain whether these arrangements still continue. However, social justice requires that the need for such arrangements should be considered in the context of section 34.2
1. Para. 9.11.
2. Para. 9.12.
(34) There is also a point of drafting pertaining to section 34. The corresponding provision in the Hindu Succession Act is more precise than the provision in the section 34 of Indian Succession Act. The Hindu Succession Act (section 29) provides that the Government takes the property subject to all the obligations of the heir. It is recommended that in section 34, for the last six words "it shall the Government", the words "such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject," should be substituted.1
1. Para. 9.13.
(35) Even in'cases governed by sections 37-39, there should be succession per stripes, as that would be more in consonance with the general sense of the community. Section 37 should be revised as under, to carry out this object: