September 13, 2026

Section 46 – Indian Succession Act, 1925: Where Intestate’s Father Dead, But Mother Living and No Brother, Sister, Nephew or Niece

The Indian Succession Act, 1925 — Part V, Chapter II: Rules in Cases of Intestates other than Parsis — Distribution where there are no lineal descendants

Section 46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece

If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.