Section 54 of ISA : Section 54: Division Of Property Where Intestate Leaves No Lineal Descendant But Leaves A Widow Or Widower Or A Widow Or Widower Of Any Lineal Descendant

Explanation using Example

Let's consider a hypothetical scenario to understand Section 54 of The Indian Succession Act, 1925:

Imagine a Parsi man named Rustom, who passes away without leaving a will (intestate) and has no children (lineal descendants). He is survived by his wife, Tehmina, and the widow of his deceased son, Dilnavaz.

As per Section 54:

• Tehmina, as Rustom's widow, is entitled to receive one-third of Rustom's property.
• Dilnavaz, as the widow of Rustom's lineal descendant (his son), is also entitled to receive one-third of the property.
• The remaining one-third of Rustom's property will be distributed among Rustom's relatives according to the order specified in Part I of Schedule II of the Act. This means that preference will be given to the closest relative first, and so on.
• If Rustom had no other relatives, the final one-third of the estate would be divided in proportion to Tehmina and Dilnavaz's shares, meaning they would get an additional one-sixth each.

This section ensures that Rustom's property is fairly distributed among his surviving spouse and the widow of his predeceased son, with consideration for other relatives as well.