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Section 52: Division of share of predeceased child of intestate leaving widow or widower or children

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 51 All 391 Sections of Indian Succession Act Section 53

Legal Commentary & Landmark Judgments: Section 52

Section 52 governs the division of the share of a predeceased child of a Parsi intestate who leaves behind a widow, widower, or children.

  • Per Stirpes Representation: If a child of the intestate predeceased him leaving lineal descendants, the share that child would have taken if living is divided per stirpes among his issue.
  • Widow of Predeceased Son: The widow of a predeceased son takes a share equal to the share of each child of that son, provided she has not remarried before the intestate's death.
  • Widower of Predeceased Daughter: The widower of a predeceased daughter takes a share equal to that of each child of that daughter in the distribution of the predeceased daughter's share.
Key Landmark Precedents:
  • Muncherji v. Mithibai (Bombay High Court Rulings): Affirmed that the doctrine of representation operates under Section 52 to step grandchildren into the shoes of their deceased parent to prevent disinheritance of the branch.
  • Jamshedji Cursetjee v. Soonabai (Bombay High Court Rulings): Held that a predeceased son's widow's entitlement is strictly contingent upon her remaining unmarried at the date of the intestate's death.
Courtroom Practice & Strategic Litigation Guidance:

Counsel representing the widow of a predeceased Parsi son must submit an affirmative affidavit confirming that she remained unmarried on the date of the intestate's death to protect her statutory share against objections by surviving siblings.

Section 51 All 391 Sections of Indian Succession Act Section 53