A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, had…
Under section 38, where no child survives but grandchildren do, the property "shall be equally divided among all his surviving grandchildren". Illustration (i) to section 38…
Choose your answer
A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, had three children, John, Mary and Henry. All three died before A, John leaving two children, Mary three and Henry four. A then dies intestate, leaving these nine grandchildren and no descendant of any deceased grandchild. What share does each of Henry's four children take?
Answer and explanation
Correct answer B
Under section 38, where no child survives but grandchildren do, the property "shall be equally divided among all his surviving grandchildren". Illustration (i) to section 38 gives each of the nine grandchildren one-ninth. The division is per head, not by branches, so Henry's children do not merely split a one-third share four ways (which would give one-twelfth).