Indian Succession Act,1925
Act No : 39
Section :
Where intestate has left neither lineal descendant, nor parent, norbrother, nor sister.
48. Where intestate has left neither lineal descendant, norparent, nor brother, nor sister.-Where the intestate has left neitherlineal descendant, nor parent, nor brother, nor sister, his propertyshall be divided equally among those of his relatives who are in thenearest degree of kindred to him. Illustrations (i) A, the intestate, has left a grandfather, and a grandmotherand no other relative standing in the same or a nearer degree ofkindred to him. They, being in the second degree, will be entitled tothe property in equal shares, exclusive of any uncle or aunt of theintestate, uncles and aunts being only in the third degree. (ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other relative standing inthe same or a nearer degree of kindred to him. All of these being inthe third degree will take equal shares. (iii) A, the intestate, left a great-grandfather, an uncle and anephew, but no relative standing in a nearer degree of kindred to him.All of these being in the third degree will take equal shares.66 (iv) Ten children of one brother or sister of the intestate, andone child of another brother or sister of the intestate, constitutethe class of relatives of the nearest degree of kindred to him. Theywill each take one-eleventh of the property.
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