A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, has…
Illustration (iv) to section 40 holds that A's property "is to be equally divided between Mary and the posthumous child". Section 27(c) makes no distinction between those…
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A, a Christian widower whose succession is governed by Part V of the Indian Succession Act, 1925, has two children, John and Mary, and no more. John dies before A, leaving his wife pregnant. A then dies intestate, leaving Mary surviving him, and in due time a child of John is born. How is A's property divided?
Answer and explanation
Correct answer B
Illustration (iv) to section 40 holds that A's property "is to be equally divided between Mary and the posthumous child". Section 27(c) makes no distinction between those born in the lifetime of the deceased and those only conceived at his death "but who have been subsequently born alive". John's child therefore takes the half John would have taken, while John's widow has no share in A's estate.