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Section 38: Where intestate has left no child, but grandchild or grandchildren.

The Indian Succession Act, 1925Central Act · Act 39 of 1925

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 one, or shall be equally divided among all his surviving grandchildren.

Illustrations

(i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no descendant of any decreased grandchild. Each of his grandfather will have one-ninth.

(ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five grandchildren, the children of John and Mary.

Where this provision sits

ActThe Indian Succession Act, 1925
Section38
Marginal noteWhere intestate has left no child, but grandchild or grandchildren.
JurisdictionCentral
StatusIn force as published by the source

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