Indian Succession Act,1925

Act No : 39

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Section : Where intestate's father dead and his mother and children of anydeceased brother or sister living.

45. Where intestate's father dead and his mother and children ofany deceased brother or sister living.-If the intestate's father isdead, but the intestate's mother is living, and the brothers andsisters are all dead, but all or any of them65have left children who survived the intestate, the mother and thechild or children of each deceased brother or sister shall be entitledto the property in equal shares, such children (if more than one)taking in equal shares only the shares which their respective parentswould have taken if living at the intestate's death. Illustration A, the intestate, leaves no brother or sister but leaves hismother and one child of a deceased sister, Mary, and two children of adeceased brother, George. The mother takes one-third, the child ofMary takes one-third, and the children of George divide the remainingone-third equally between them.

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