Indian Succession Act : Special provision where intestate has left widow and no

Indian Succession Act,1925

Act No : 39

Section : Special provision where intestate has left widow and no linealdescendants.

2*[33A. Special provision where intestate has left widow and nolineal descendants.-(1) Where the intestate has left a widow but nolineal descendants and the nett value of his property does not exceedfive thousand rupees, the whole of his property shall belong to thewidow. (2) Where the nett value of the property exceeds the sum of fivethousand rupees, the widow shall be entitled to five thousand rupeesthereof and shall have a charge upon the whole of such property forsuch sum of five thousand rupees, with interest thereon from the dateof the death of the intestate at 4 per cent. per annum until payment. (3) The provision for the widow made by this section shall be inaddition and without prejudice to her interest and share in theresidue of the estate of such intestate remaining after payment of thesaid sum of five thousand rupees with interest as aforesaid, and suchresidue shall be distributed in accordance with the provisions ofsection 33 as if it were the whole of such intestate's property. (4) The nett value of the property shall be ascertained bydeducting from the gross value thereof all debts, and all funeral andadministration expenses of the intestate, and all other lawfulliabilities and charges to which the property shall be subject. (5) This section shall not apply-- (a) to the property of-- (i) any Indian Christian,---------------------------------------------------------------------1 Ins. by Act 40 of 1926, s. 2.2 Ins. by s. 3, ibid.---------------------------------------------------------------------62 (ii) any child or grandchild of any male person who is or was at the time of his death an Indian Christian, or (iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872.), regulated by the provisions of this Act; (b) unless the deceased dies intestate in respect of all his property.]