A, an unmarried Christian man whose succession is governed by Part V of the Indian Succession Act,…
Illustration (iv) to section 48 says that ten children of one brother or sister and one child of another "constitute the class of relatives of the nearest degree" and "will…
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A, an unmarried Christian man whose succession is governed by Part V of the Indian Succession Act, 1925, dies intestate leaving no lineal descendant, parent, brother or sister. His nearest relatives are ten children of one deceased brother and one child of a deceased sister. What share does the sister's only child take?
Answer and explanation
Correct answer B
Illustration (iv) to section 48 says that ten children of one brother or sister and one child of another "constitute the class of relatives of the nearest degree" and "will each take one-eleventh of the property". As no brother or sister survives, section 48 applies rather than section 47, and the nearest relatives share equally per head, not by branches. The sister's only child therefore takes the same share as each of the brother's children.