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Section 5

The Sikkim Succession Act,2008State Act of Sikkim · Act 22 of 2008

(1)

(2) ,, ' i' ,2 Right of child in womb Preference of heir.

Disqualification of heirs.

Escheet, Testamentary succes sioti.

Will obtained by fraud etc.

(2) If lWO OJ more heirs succeed together to the property of an intestate they shalt take property per capita and 8S inheriting respective shares in equal proportion.

(3) The property of an intestate devolves upon the wife or the husband or upon those who are of the kindred of the deceased as per the Schedule.

(4) Where an Intestate has left a widow without any lineal descendants. the property shall devolve to the of the descendents of the brolher of the deceased husband in the manner as in the Schedule.

(5) Where a femal Sikkim Subject Ce 110irl descendant or descendant marries a person who does not possess elCOt or has acquired forE'!ign citizenship, such female 1119personal law of her husband and as such shall not e property:

(6) ts of a minor die intestate such property shall be looked after by administrator ~ none of the relatives of the deceased within the eligible. , category of heir comes forward to look after the property.

(7) Where a per;son has no son, the property will devolve on the daughter, subject to sUb-~ectio~1(5) of Section 6.

(8) An abandoned or divorced woman having the llability to take care of the children and has no 'source of income, shall have the right to. a share in equal proportion along with other heirs to the property of the husband:

Provided that where woman has deserted her husband with or without children and has remarried shall forfeit her right to her share in the husband's property. However, the children shall be eligible to their share of property as per the law.

• (9) The properly of an intestate shatl devolve in equal shares among a\l the heirs.

7. Nolwithstanding anything contained in SUb-section (1) 01 Seclion 6, a child who was in the womb at Ihe time at Ihe death of an intestate and who is subsequently born alive shall have the same rigl1t to succeed to Ihe intestate as If he or she had been born before the deal\t'0f the intestate.

8. Heir related to an inti ,. tale by ful\ blood shall be preferred to heirs retated by half blood, if the nature: [elatlonshlp is {he same in olher respect.

Where this provision sits

ActThe Sikkim Succession Act,2008
Section5
JurisdictionState of Sikkim
StatusIn force as published by the source

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