Section 50 of ISA : Section 50: General Principles Relating To Intestate Succession

ISA

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Explanation using Example

Imagine a Parsi man named Rustom who passed away without leaving a will. At the time of Rustom's death, his daughter, who was pregnant, was alive. According to Section 50 of The Indian Succession Act, 1925:

  • Rustom's grandchild, who was not yet born but conceived at the time of Rustom's death and later born alive, is considered for inheritance just like Rustom's living descendants as per clause (1).
  • If Rustom had a son who predeceased him without leaving behind any children or a spouse, then this son is not considered in the division of Rustom's property, as per clause (2).
  • Furthermore, if Rustom's brother's widow had remarried while Rustom was still alive, she would not be entitled to any part of Rustom's estate, as stated in clause (3).

This section ensures that Rustom's estate is distributed among his rightful heirs under the Parsi intestate succession laws.

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