A, an unmarried Christian man whose succession is governed by Part V of the Indian Succession Act,…
Illustration (iii) to section 48 holds that a great-grandfather, an uncle and a nephew are all in the third degree and "will take equal shares". As no brother or sister…
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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 a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. How is his property divided?
Answer and explanation
Correct answer C
Illustration (iii) to section 48 holds that a great-grandfather, an uncle and a nephew are all in the third degree and "will take equal shares". As no brother or sister survives, the case falls under section 48, which divides the property equally among the relatives "in the nearest degree of kindred", with no preference for collaterals, for descendants of brothers or for ascendants. Each of the three therefore takes one-third.