Indian Succession Act, 1925
Indian Succession Act, 1925
II — —Rules in cases of Intestates other than Parsis · Section 38

Where intestate has left no child, but grandchild or grandchildren

Synced on 09 Sept 2026Text as per India Code

Where the intestate has not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or shall be equally divided among all his surviving grandchildren.

Illustrations

(i) A has three children, and no more, John, Mary and Henry. They all die before the father, John leaving two children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no descendant of any deceased grandchildren. Each of his grandfather will have one-ninth.

(ii) But if Henry has died, leaving no child, then the whole is equally divided between the intestate’s five grandchildren, the children of John and Mary.

Judgments on Section 38