A, a Christian, dies intestate leaving a widow, W. Under her marriage settlement W has been barred of…
Under section 219(a) administration goes to the widow "unless the Court sees cause to exclude her", either for personal disqualification or because she has no interest in…
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A, a Christian, dies intestate leaving a widow, W. Under her marriage settlement W has been barred of all interest in A's estate. W applies for letters of administration under section 219 of the Indian Succession Act, 1925. What is the legal position?
Answer and explanation
Correct answer B
Under section 219(a) administration goes to the widow "unless the Court sees cause to exclude her", either for personal disqualification or because she has no interest in the estate. Illustration (i) to section 219 says that a widow barred by her marriage settlement of all interest in her husband's estate gives the Court cause to exclude her. The widow's priority is therefore not absolute, and the settlement bears on her claim to administer, not merely on her share.