Succession Act, 1925 — Section 53: Division of share of predeceased child of intestate leaving lineal descendants

53. Division of share of predeceased child of intestate leaving lineal descendants. In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate’s death shall be in accordance with the following rules, namely:―

(a)If such deceased child was a son his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate’s death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account.

(b)If such deceased child was a daughter, her share shall be divided equally among her children.

(c)If any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate’s death shall be divided in like manner in accordance with clause (a) or clause

(b)as the case may be.

(d)Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate’s death by reason of the pre deceased of all the intestate’s lineal descendants directly between him or her and the intestate. 54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant. Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely:―

(a)If the intestate leaves a widow or widower but no widow of a lineal descendant, the widow or widower shall take half the said property.

(b)If the intestate leaves a widow or widower and also a widow of any lineal descendant, his widow or her widower shall receive one-third of the said property, and the widow of any lineal descendant shall receive another one third, or if there is more than one such widow, the last mentioned one-third shall be divided equally among them.

(c)If the intestate leaves no widow or widower but one widow of a lineal descendant, she shall receive one-third of the said property or, if the intestate leaves no widow or widower but more than one widow of a lineal descendant, two-thirds of the said property shall be divided among such widows in equal shares.

(d)The residue after the division specified in clause (a), (b) or (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II. The next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male shall take double the shore of each female standing in the same degree of propinquity.

(e)If there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the share specified among the persons entitled to receive shares under this section. 55. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant. When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow of any lineal descendant, his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next- of- kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that each male shall take double the share of each female standing in the same degree of propinquity. 56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter. Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate’s relatives who are in the nearest degree of kindred to him.] PART VI Testamentary Succession CHAPTER I INTRODUCTORY 157. Application of certain provisions. The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply CHAPTER II OF WILLS AND CONDICILS