Section 38: Where intestate has left no child, but grand-child or grand-children

Q: What does Section 38 of The Indian Succession Act, 1925 (ISuA) deal with?

Section 38 ISuA pertains to "Where intestate has left no child, but grand-child or grand-children". It is part of the The Indian Succession Act, 1925, a legislation enacted by the Parliament of India. Section 38 of The Indian Succession Act, 1925 (ISuA) governs where intestate has left no child, but grand-child or grand-children. As verified on 19 May 2026.

Q: Is Section 38 ISuA still in force?

Yes, Section 38 of the The Indian Succession Act, 1925 is currently in force across the Republic of India.

Q: What is धारा 38 ISuA?

धारा 38 ISuA is the Devanagari Hindi reference for Section 38 of the The Indian Succession Act, 1925. Section 38 of The Indian Succession Act, 1925 (ISuA) governs where intestate has left no child, but grand-child or grand-children. As verified on 19 May 2026.

Q: What is Dhara 38 ISuA?

Dhara 38 ISuA is the Roman Hindi reference for Section 38 of the The Indian Succession Act, 1925. "Dhara" means "Section" in Hindi. Section 38 of The Indian Succession Act, 1925 (ISuA) governs where intestate has left no child, but grand-child or grand-children. As verified on 19 May 2026.

Q: How to cite Section 38 of The Indian Succession Act, 1925?

Cite as: "Section 38, The Indian Succession Act, 1925 (ISuA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Succession Act, 1925, § 38 (India).

Law on Tips Editorial Board

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

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 grand-children and no descendant of any deceased grand-child. Each of his grand-children will have one-ninth.

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