Devolution of property.

(1) For a male Sikkimese who dies after the commencement of this Act having at the time of his death an interest in the property or has a self-acquired property, the property shall devolve to the extent of his interest by survivorship upon the surviving members of his family which includes his wife, sons and daughters if unmarried in equal proportion: Provided that if the deceased has left behind him a surviving female relative who claims interest in such property in such cases the property shall devolve to the extent she is entitled. (2) If two or more heirs succeed together to the property of an intestate they shalt take property per capita and as inheriting respective shares in equal proportion. (3) The property of an intestate devolves upon the wife or the husband or upon those who are of the kindred of the deceased as per the Schedule. (4) Where an Intestate has left a widow without any lineal descendants. the property shall devolve to the of the descendents of the brother of the deceased husband in the manner as in the Schedule. (5) Where a female Sikkim Subject Certificate holder or descendant marries a person who does not possess a COI or has acquired foreign citizenship, such female shall be governed by the personal law of her husband and as such shall not have any right to the property. (6) In cases of a minor who die intestate such property shall be looked after by administrator if none of the relatives of the deceased within the eligible category of heir comes forward to look after the property. (7) Where a person has no son, the property will devolve on the daughter, subject to sub-section (5) of Section 6. (8) An abandoned or divorced woman having the liability to take care of the children and has no source of income, shall have the right to a share in equal proportion along with other heirs to the property of the husband: Provided that where woman has deserted her husband with or without children and has remarried shall forfeit her right to her share in the husband's property. However, the children shall be eligible to their share of property as per the law. (9) The property of an intestate shall devolve in equal shares among all the heirs.