(2) Nothing contained in this section shall prevent the customary heir from taking a
further share in the capacity of a lineal descendant if entitled thereto in such capacity.
(3) Nothing in this or any other section of this Act shall prevent the dependent
relatives from making any other arrangement relating to the distribution or
preservation of the property of the intestate provided that the court sanctions such
arrangement.
29. (1) All lineal descendants, wives and dependent relatives shall be entitled to share
their proportion of a deceased intestate’s property in equal shares.
(2) Any child of a deceased lineal descendant, whose descent is not traced through
any living lineal descendant and who survives the intestate, shall take the share which
the deceased lineal descendant would have taken under subsection (1) of this section
had he survived the intestate.
30. (1) No wife or child of an intestate occupying a residential holding under the
provisions of section 27 and schedule 2 to this Act shall be required to bring such
occupation into account in assessing any share in the property of an intestate to which
such wife or child may be entitled under section 28 of this Act.
(2) No person entitled to any interest in a residential holding under subsection (1) of
section 27 of this Act shall be required to bring such interest into account in assessing
any share in the property of an intestate to which such person may be entitled under
section 28 of this Act.
31. (1) No wife or husband of an intestate shall take any interest in the estate of an
intestate if, at the death of the intestate, he or she was separated from the intestate as a
member of the same household:
Provided that this section shall not apply where such wife or husband has been
absent on an approved course of study in an educational institution.
(2) Notwithstanding the provisions of subsection (1) of this section, a court may,
on application by or on behalf of such husband or wife, whether during the life or
within six months after the death of the other party to the marriage, declare that the
provisions of subsection (1) of this section shall net apply to such applicant.
(3) The provisions of subsection (5) of section 46B of this Act shall apply mutates
mutandis to an application made under subsection (2) of this section in determining
whether a declaration under this section should be made.
(4) A declaration made under subsection (2) of this section shall authorize the
applicant to take no more than a proportion of the intestate’s property entitled to him
under section 28 of this Act.