Section 44 of ISA : Section 44: Where Intestate?S Father Dead And His Mother, A Brother Or Sister, And Children Of Any Deceased Brother Or Sister, Living
The Indian Succession Act 1925
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Explanation using Example
When a person dies without a will (intestate), and their father has predeceased them, the property is distributed among the surviving mother, siblings, and the children of any deceased siblings. Each party receives an equal share. However, if a sibling has passed away, their share is divided equally among their children.
Illustration
Suppose Ravi died without a will. He is survived by his mother, two living sisters, Priya and Neha, and the two children of his deceased brother, Amit. In this case, Ravi's mother, Priya, Neha, and Amit's two children would each inherit an equal portion of Ravi's estate. If Amit had two children, each child would receive half of the share that Amit would have received if he were alive.