53Division of share of predeceased child of intestate leaving lineal descendants
In all cases where a Paris dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely:--
(a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death:
Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account.
(b) If such deceased child was a daughter, her share shall be divided equally among her children.
(c) If any child of such deceased child has, also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestates death, shall be divided in like manner in accordance with clause (a) or clause (b), as the case may be.
(d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death by reason of the predecease of all the intestate's lineal descendants directly between him or her and the intestate.
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- 50 General principles relating to intestate succession
- 51 Division of intestate’s property among widow, widower, children and parents
- 53 Division of share of predeceased child of intestate leaving lineal descendants
- 54 Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant
- 55 Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant
- 56 Division of property where there is no relative entitled to succeed under the other provisions of this Chapter