Indian Succession Act,1925

Act No : 39

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Section : Where intestate's father dead and his mother, a brother or sister, andchildren of any deceased brother or sister, living.

44. Where intestate's father dead and his mother, a brother orsister, and children of any deceased brother or sister, living.-If theintestate's father is dead but the intestate's mother is living, andif any brother or sister and the child or children of any brother orsister who may have died in the intestate's lifetime are also living,then the mother and each living brother or sister, and the livingchild or children of each deceased brother or sister, shall beentitled to the property in equal shares, such children (if more thanone) taking in equal shares only the shares which their respectiveparents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry,and also one child of a deceased sister, Mary, and two children ofGeorge, a deceased brother of the half blood who was the son of hisfather but not of his mother. The mother takes one-fifth, John andHenry each takes one-fifth, the child of Mary takes one-fifth, and thetwo children of George divide the remaining one-fifth equally betweenthem.

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