TNA Act 26Chapter IV · Intestate Succession

Section 26 · Devolution of property left by non-Aliyasantana male intestate

(1)

On the death intestate of a male not governed by the Aliyasantana law-

(i)

who-

(a)

has, before the date on which this Act comes into force, contracted a marriage with an Aliyasanthana female which is valid under section 4; or

(b)

has contracted on or after such date a marriage with an Aliyasanthana female which is valid under that section; and

(ii)

who has left surviving him by such marriage or marriages one or more of the following relations, namely:-

(a)a widow or widows,

(b)children,

(c)

lineal descendants, such relation or relations shall be entitled, if the intestate has also left relations who are heirs according to the personal law by which he is governed, to one-half of his property which is separate or self-acquired and if the intestate has left no such heirs, to the whole of such property:

Provided that the reasonable funeral expenses of the intestate shall first be deducted from such separate or self-acquired property.

(2)

The property devolving on the relations referred to in sub-clauses (a), (b) and (c) of clause (ii) of sub-section (1) shall be distributed among them in accordance with the rules contained in clauses (i), (iii), (iv), (y) and (vi) of section 20.

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