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Section 54: Division of property where intestate leaves no lineal descendant but leaves widow or widower or a widow or widower of any lineal descendant

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 53 All 391 Sections of Indian Succession Act Section 55

Legal Commentary & Landmark Judgments: Section 54

Section 54 governs the division of a Parsi intestate's property where the deceased leaves no lineal descendants but leaves a surviving spouse or a spouse of a lineal descendant.

  • No Lineal Descendants Surviving: Triggered where the intestate dies leaving no children, grandchildren, or great-grandchildren.
  • Half Share to Surviving Spouse: The surviving widow or widower takes half of the net estate absolutely.
  • Devolution of Remaining Half: The remaining half is distributed among relatives specified in Part I of Schedule II in the strict order of statutory priority, failing which the spouse takes the whole.
Key Landmark Precedents:
  • Muncherji v. Mithibai (Bombay High Court Rulings): Held that where no lineal descendants survive, the surviving spouse's half share is an indefeasible absolute estate, not a mere life interest.
  • Cowasjee v. Pestonjee (Bombay High Court Rulings): Affirmed that collateral relatives listed in Schedule II cannot claim the entire estate in competition with the surviving widow or widower.
Courtroom Practice & Strategic Litigation Guidance:

Where a Parsi dies childless leaving a widow and siblings, counsel for the widow should file for an immediate 50% interim distribution; the collateral relatives must prove their Schedule II pedigree before sharing the remaining half.

Section 53 All 391 Sections of Indian Succession Act Section 55