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Section 35: Devolution and bequest of settled estate.

The United Provinces Estates Act, 1920State Act of Uttar Pradesh · Act 7 of 1920

35. (1) Notwithstanding the provisions of any contract or disposition to the contrary, every person for the time being entitled to a settled estate being a male, or being a female who under the personal law applicable to her would constitute a fresh stock of descent if she succeeded the estate on an intestacy, shall, unless such person succeeded as a widow or a mother, constitute a fresh stock of descent for the purposes of section 9 and on the death of such person intestate the settled estate shall descend according to the provisions of that section.

(2) Notwithstanding the provisions of any contract or disposition to the contrary, every person for the time being entitled to a settled estate who constitutes a fresh stock of descent according to sub-section (1) shall be competent to bequeath the same to any of the persons mentioned in the first Schedule, but to no other person :

Provided that such person shall not be competent to bequeath the same except as an impartible estate to be held by one person only subject to and in accordance with the provisions of this Act, or to subject the same the profits thereof to any demand, charge or encumbrance whatsoever.

Provided also that if the estate is bequeathed to a female who if such succeeded under the provisions of section 9 would take a life estate only the bequest shall confer on her a life estate only.

Where this provision sits

ActThe United Provinces Estates Act, 1920
Section35
Marginal noteDevolution and bequest of settled estate.
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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