Bare ActsMadras Aliyasantana Act, 1949

Section 20

Rules of distribution in such cases

Amendment status not verified — confirm the current text below against the official source.

The distribution of the property among the heirs referred to in section 19 shall be made in accordance with the following rules: - (i) The widow, or if there is more than one widow, each of the widows, shall be entitled to a share equal to that of a child. (ii) The mother shall be entitled to a share equal to that of a child. (iii) (a) Each child (son or daughter) shall be entitled to an equal share. (b) Where a child has predeceased the intestate, the lineal descendants of such child shall, subject to the provisions of clause (vi), entitled to the share which the child would have taken, had he or she survived the intestate. (iv) (a) Grandchildren of the intestate by a deceased child shall be entitled to equal shares to what the deceased child would have taken, had he or she survived the intestate. (b) Where any such grandchild has predeceased the intestate, the lineal descendants of such grandchild shall, subject to the provisions of clause (vi), be entitled to the share which the grandchild would have taken, had he or she survived the intestate. (v) The property shall devolve in like manner on the remoter surviving lineal descendants of intestate. (vi) The descendants of a child, grandchild or other lineal descendant of the intestate shall not be entitled to any share in his property if such child, grandchild or other descendant is alive at the time of the death of the intestate Illustrations (1) Z dies intestate leaving two widows A and B, his mother C, a son D, and a daughter E, a grand daughter F by such daughter, the lineal descendants of a deceased daughter G, and the lineal descendants of a deceased son H. A, B, C, D and E will each get one-seventh of the property; the lineal descendants of G will get one-seventh; The lineal descendants if H will also get one-seventh. The grand daughter F will not get any share. (2) Z dies intestate leaving no mother or widow, but leaving a son A, a daughter B, a grandson E and a grand daughter F by a deceased daughter C, a grand daughter G by a deceased son D and two great-grand-daughters, H and J, by a deceased daughter of D, A and B will each be entitled to one-fourth of the property; E and F will each be entitled to one-eighth; G will be entitled to one-eighth; H and J will each be entitled to one sixteenth. (3) Z dies intestate leaving no mother, widow or child, but leaving three grandchildren A, B and C by a daughter X who had predeceased him and two grandchildren D and E, by a son Y who has also predeceased him. A, B and C will each be entitled to one-sixth of Z's property and D and E to one-fourth each.

Section 20 – Madras Aliyasantana Act, 1949 | DailyLaw.ai