Lineal Descendants Under the Indian Succession Act

Definition of Lineal Descendants

• Lineal Descendants: As defined in Section 25 of the Indian Succession Act, 1925, lineal consanguinity refers to the relationship between two persons where one is descended in a direct line from the other. This includes relationships such as:
• Father to son
• Grandfather to grandson
• Great-grandfather to great-grandson, and so forth in both ascending and descending lines B. C. SINGH (D) BY LRS. VS J. M. UTARID (D) BY LRS. - Supreme Court.

Succession Rules for Intestates

1. General Rule: According to Section 33 of the Indian Succession Act, if an intestate leaves a widow and lineal descendants:
2. One-third of the property belongs to the widow.

3. The remaining two-thirds go to the lineal descendants Michael Ammal VS M. Regina Celine - MadrasROBERT ANTHONY VS SHAKUNTLA - Chhattisgarh.

4. No Lineal Descendants: If the intestate has left a widow but no lineal descendants:

5. One-half of the property belongs to the widow, and the other half goes to the kindred of the intestate Michael Ammal VS M. Regina Celine - MadrasB. C. SINGH (D) BY LRS. VS J. M. UTARID (D) BY LRS. - Supreme Court.

6. Distribution Without Lineal Descendants: If the intestate leaves neither lineal descendants nor a widow:

7. The property is distributed among the next-of-kin as per the order set forth in Part II of Schedule II Anita Chandrakant Kodkany VS Bakhtawar Dastur - Bombay.

Order of Succession

• Part II of Schedule II outlines the order of succession when there are no lineal descendants:
• Father and mother
• Brothers and sisters (excluding half-siblings) and their lineal descendants
• Paternal and maternal grandparents
• Children of grandparents and their lineal descendants
• Great-grandparents and their descendants
• Half-brothers and half-sisters and their lineal descendants
• Widows or widowers of brothers or half-brothers and sisters or half-sisters
• Widows or widowers of deceased lineal descendants who have not remarried Anita Chandrakant Kodkany VS Bakhtawar Dastur - Bombay.

Key Findings

• Lineal descendants include direct descendants such as children, grandchildren, and great-grandchildren.
• The distribution of property in the absence of lineal descendants follows a specific order of kindred, ensuring that closer relatives inherit before more distant ones.
• The provisions of the Indian Succession Act apply specifically to Christians, while different rules may apply to other religious communities under their respective personal laws.

Recommendations

• In cases of intestacy, it is crucial to identify the presence of lineal descendants to determine the rightful heirs and the distribution of the estate.
• Legal counsel should be sought to navigate the complexities of succession, especially in cases involving multiple potential heirs or disputes among kindred.

Anita Chandrakant Kodkany VS Bakhtawar Dastur - BombayMichael Ammal VS M. Regina Celine - MadrasB. C. SINGH (D) BY LRS. VS J. M. UTARID (D) BY LRS. - Supreme CourtROBERT ANTHONY VS SHAKUNTLA - Chhattisgarh]