A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, had…
Section 40 applies where the descendants are not all in the same degree: one share is allotted to each child living at the death and one in respect of each child who died…
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A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, had three children, John, Mary and Henry. John died leaving four children, and Mary died leaving one child; Henry alone survived A. A then dies intestate. What share does each of John's children take?
Answer and explanation
Correct answer C
Section 40 applies where the descendants are not all in the same degree: one share is allotted to each child living at the death and one in respect of each child who died leaving descendants, who take "the share which his or their parent or parents would have been entitled to". Illustration (i) to section 40 gives one-third to Henry, one-third to John's four children and one-third to Mary's child. Each of John's children therefore takes a quarter of one-third, that is, one-twelfth.