Section 207

Section 207 of the Indian Succession Act, 1925, provides that the surviving spouse of a person who dies intestate shall be entitled to a share of the property. The section reads: "The surviving spouse shall be entitled to a share of the property of the intestate, which shall be one-third of the property if the intestate has left lineal descendants, and one-half of the property if the intestate has not left lineal descendants." This section applies to all persons who die intestate, and have a surviving spouse. The share of the surviving spouse is based on the rules of succession provided in the Act, which take into account the degree of relationship between the deceased and the claimants. The key judicial interpretation of this section is that the surviving spouse has a prior claim to the property of the intestate.