An Indian Christian man dies intestate leaving a widow and kindred but no lineal descendants. Whose…
Section 41 applies the kindred distribution rules to what remains after deduction of the widow's share, where the intestate left a widow. The parents' potential shares form…
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An Indian Christian man dies intestate leaving a widow and kindred but no lineal descendants. Whose share is set aside before the balance is distributed among the kindred under section 41 of the Indian Succession Act, 1925?
Answer and explanation
Correct answer A
Section 41 applies the kindred distribution rules to what remains after deduction of the widow's share, where the intestate left a widow.
The parents' potential shares form part of the kindred distribution. They are not prior deductions.
Option feedback
Option A
Section 41 expressly sets aside the widow's share before applying the kindred distribution rules.
Option B
Children would be lineal descendants. The facts state that he left none.
Option C
Section 41 does not prescribe a deduction for stepchildren before kindred distribution.
Option D
The parents' potential rights arise under the kindred rules, after the widow's share is set aside.
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Odisha Judicial Services