Succession Act, 1925 — Section 47: Where intestate has left neither lineal descendant, nor father, nor mother

47. Where intestate has left neither lineal descendant, nor father, nor mother. Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. Illustrations

(i)A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him: They, being in the second degree, will be entitled to the property in equal shares exclusive of any uncle or aunt of the intestate, 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 in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares.

(iii)A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares.

(iv)Ten children of one brother or sister of the intestate, and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one- eleventh of the property.