Section 40 of the Indian Succession Act, 1925 – Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead

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Section 40: Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead

(1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him.

Source: official text of The Indian Succession Act, 1925 as published on India Code (PDF). All sections of the Indian Succession Act, 1925.

Related posts:

  1. Section 54 of the Indian Succession Act, 1925 – Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant
  2. Section 33 of the Indian Succession Act, 1925 – Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
  3. Section 53 of the Indian Succession Act, 1925 – Division of share of predeceased child of intestate leaving lineal descendants
  4. Section 48 of the Indian Succession Act, 1925 – Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister