Section 40. '\4111ere

PART V, `Of` the Distribution `of` a7z Intestate's P r o p e ~ t y . ( a ) Where he has Zgt ZineuZ desce7zdnnts. 29. The rules for the distribution of the intestate's property (after deducting the ~ ~ G l o ~ v ' s share, if. he has left a widow) Rules of distribntion. a~tiongst his lineal descendants are as follows :- `30.`[FVhere the intestate has left surviving lli~n a child or children, but ] no more remote l'iiieal descendant through a deceased Where the intestate has left a child or chilchild, the property sliall belong to his surviving child, if dren only. there be only one, or shall be equally divided among all iiis surviving children. `31.` F h e r e the intestate has not left; survivir~g him any chiltl, but has left tt grandchild or grnndchildl.en, and no inore remote JVhcre the intestate bnt a a descenda~it through a deceased grandci~ild, the property shall belong to his survivitlg grandchild, if there be oiiljr one, or shall 1,c ecluallg divided st:no~lg all his surviving JVhcre the intestate has left bnt a a grandchild or prnndchildren. grai~dchildrei~. ILlu~t7 kit^)^^, BC'r No. X OF 1865. (a) [A ][has three c1lildren, and nb more ][; ][John, Rlary, allcl Ilellrj'. ] They all die before the father, John leaving two children, >lapy threeYrand H e n y four. Afterwards dies iutestate, learing those nine grandchildren and 110 descendant, of any deceased Each of his grandchildren shall have oneninth. e ( b )[But if Henry has died, leaving ][no ][child, then the whole ][is ][equally ][divided ][between the intes- ] >. tnte's fiye grandchildren, the children of John and Mary. (c) [[A ]][[has two children, and no more ]][[; ]][[John and bfary. ]] John dies before his father, leaving his mife lwegliant. Then A dies, leaving Afary surviving him, and in due time a child of John is bo:.~~. A dies, leaving Afary surviving him, and in due time a child of John is bo:.~~.[[A's pro- ]] perty is t a be equally divided between Mary and such posthumo~s c!iild. . I n like manner the property shall go to tlie surviving lineal descendTVl~ere the intestate ants iv110 are nearest in degree td the intestate, where they has left only preat,vr.tndchildrei~'or liaeal are all iu the degree of great-gl-a~~dcliiiCirc~l tu him, or are descendants in a reuloter degree. ail ill a indre remote degree. (c) [[A ]][[has two children, and no more ]][[; ]][[John and bfary. ]] John dies before his father, leaving his mife lwegliant. Then A dies, leaving Afary surviving him, and in due time a child of John is bo:.~~. A dies, leaving Afary surviving him, and in due time a child of John is bo:.~~.[[A's pro- ]] perty is t a be equally divided between Mary and such posthumo~s c!iild. If the intestate has left lineal descertdants who do not all stand in the same degree of'lii~ldred to Iiim, and the persons through wliom the more remote are descellded from him are (lead, the ~roperty~ shall be divided into sucIi a number of' equal through s11ares 88 may corresponci wit11 tlie number of the lineal desceridallts of the intestate who either stood in the nearest kindred to him at his decease, or, llavi~rg been of the like degree of died before him, 1e:~vi~him, 1e:~vi~1e:~vi~ l ineal g g ricscendants tvllv sur~ived liitil ; 3 \There the intestate leaves lineal descendants not all In the same degrecoflr;ildled tohim >ind those through wlloln the more remote dexend are dead. degree of kindred to him at his decease, or, llavi~rg been of the like degree of kindred to l:im, died before him, 1e:~vi~him, 1e:~vi~1e:~vi~ l ineal g g ricscendants tvllv sur~ived liitil ; and one of such shares shall be allotted to each of t11e lineal clescendants who stood in the nearest degree of kindred to tlie intestate at his decease ; and one of such shares shall be allotteci in respect of each of such deceased lineal descendants ; anti the sbarc allottcd in respect of' each df such deceased liues~l descendau:~ shall belong to his surviving cl~ild or childrer~ or inore reluole ]jlleal descendants, as the case may be ; such siirviving ch~ld. or children or 1llol.e re~note lineal clesceliclants n l ~ v a ~ s taking the share ml~icli his or their p:ueut or paraitr; wuuld liave been entitlecl to respectively if such parent or (a) [A ][had three children, John, Mary, and Henry; John died, leaving four children, and Mary died, ] leaving one, and Henry alone survived the father.[On the death of ] [A ][intestate, one-third is allotted to ] Henry, one-third to John's four children, and the remaining third to Mary's one cllild. ( B ) [A ][left no child, but leIt eight grandchildren, and two children of a deceased grandchild. The ] property is divided into nine parts, one of which is allotted to each grandchild ; and the remaining one-ninth is equally divided between the two great-grandchildren. ( c ) [A ][has three children, John, AIatsy, and Henry. John dies leaving four children, and one of John's ] children dies leaving two children. Mary dies leaving one child. A afterwards dies inteitate. One-third ofhis property is allotted to Ilenry ; one-third to Mary's child ; and one-third is divided into four parts, one of which isallotted to each of John's three surviving children, and thc remaining part is equally divided between John's two grandchildren. `34,`[Where an intestate has left no lineal clescendants, the rules for ][the ] Itulesofdistribudistribution of his a r o ~ e i t v (after dednctinw t,ll~ \vidnwJq sister shall succeetl to the propelqty in equal shares. JlZ~i.qt,.ntion. `ACT` No. X OF 1865 1.9 37. If the intestate's father is dead, but the intestate's mother is living, Where intestate's and if any brother or sister, and the child or children of &ther is dead and his mother, `R` brother any brother or sister who may have died in the intestate's sister, and children of brothers[lifetime are also living, then the mother ][and ] [eaoL ][living ] or si~ter are living. brother or sister, and the living child or children of each deceased brother or sister, shall be elltitled to the property in equal shares, sue11 children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration. A the intestate leaves his mother, his brothers John and Henry, and also one child of a deceased sister Mary, and two children of George, a deceased brother of the half blood, who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each take one-fifth, the child ol Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them. r `38,`[If ][the intestate's father is dead, ][but ][the intestate's nlotlier is ] \\'here intestate's living, and the brothers and sisters are all dead, but all or father is dead and his mother and the chilany of them have left children who survived the intestate, drell deceased the mother and the child or childrea of each deceased brother or sister arc living. brother or sister shall he entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares ~vl~ich their respective parents would have taken if iiving at the intestate's death. A the intestate leaves no brother or sister, but leaves his illother and one child of a deceased sister filary, and two children of a deceased brother George. The mother takes one-third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between than. l1711ere intestate's fatiler is dead, but his ~nothel is living and t,,,, is ,o brpther llor sl~ter nor 1lcpl:cw. `39,` If the intestate's fatlier is dead, but tlie intestate's mother is liviug, and there is neither brother 1101. sister, 110r child of any brother or sister of the intestate, the prol~erty sliall belong to the mother. 40. '\4111ere ACT No. X `OF` 1865. 19 40. Where the intestate has left neither lineal descendant nor father ' nor mother, the property is divided equally between his Where intestate has left neither lineal debrothers and sisters and the child or children of S U G ~ of scendant nor father nor mother. them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Where intestate has left neither lineal descendant nor father nor mother. \Vhere intestate Bas ,if\ neither lineal descendantl nor parent, nor brother nor sister. 41. If the intestate left ueither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations. ( ( I ) A, the intestate, has left a grand-father and `n` grand-mother, and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree. ( b )[A, the intestate, has left a great-gaudfather or great-grandmother, and uncles and aunts, ][and ][no ] other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree shall take equal shares. (c)[A, the intestate, left ][a ][great-grandfather, an uncle, and a nephew, but no ~.elative standing in a ] nearer degree of kindred to him. All of these being in the third degree shall take equal shares. ((1) Ten children of one brother oi. sister of the intestate, and one child of another brother or sister of' the intestate, constitute the class of relatives of the nearest degree of kindred to him. They shall eacll tnke one-eleventh of the property. 4 .[Where a dist.ributivc shaare ][in ][the property of a person who has ] died intestate shall be claimed by a child, or any descendChildren's advanceant of a cliild of such person, no money or other property inents not to be brought into hotchpot. which the intestate may during his life have paid, given, or settled to or for tlie advancement of the child by who~v or by vhose descendant the clai~n is made, shall be talml into account ill estimating such di~t~ributire share. [ > L i p ' l l \ J X T > 1 1 . 8 0 XC'l' No. Y OF 18G.5. Of the Eject of Marriage and Nasriage Seltlernents o n `Property.` 43.[The husband surviving his wife has the same ] rights in respect of her property, if she die intestate, as the widow has in respect of her husband's property, if he ?Rights of widower and widow respective- `IY.` die intestate. 44.[If ][a person whose domicile ][is ][not in British India marries in Brit- ] ish lndia a person whose domicile is in British India, No rights to propercolnpri~ccl in in in nl neither party acquires by the marriage any rights in respect `by` marriqe of any property of the other party not comprised in a seta person tlement made previous to the malsringe, which he or she would not acquire thereby if both were domiciled in British India at the time of the marriage. No rights to property `,,OL` colnpri~ccl in in in nl ante-nuptial settlement, acquired `by` marriqe between a-person dsn~iciled and a person not domiciled in British Indin. No rights to property `,,OL` colnpri~ccl in in in nl neither party acquires by the marriage any rights in respect 46. The[property of a minor ] may [be ][settled in contemplation ][of ][mar- ] Sett'emelltofminor's riage, provided the settlement be made by the rninor with property in contemplation of marriage. the approbation of the minor's father, or if he be dead or absent from Eritisll India, with the approbation of t.he High Court.