Where intestate’s father dead, but his mother, brothers and sisters living
Section 43 of the Indian Succession Act, 1925 deals with where intestate’s father dead, but his mother, brothers and sisters living. If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. The Act came into force on 30 Sep 1925.
If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.
Illustration
A dies intestate, survived by his mother and two brothers of the full blood, John and Henry, and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth.
Section 43, The Indian Succession Act, 1925 (Act 39 of 1925).
Questions about Section 43
What does Section 43 of the Indian Succession Act deal with?
Section 43 of the Indian Succession Act is headed "Where intestate’s father dead, but his mother, brothers and sisters living". If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.
How do I find court cases under Section 43 of the Indian Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 43, section 43 Succession Act, section 43 of the Indian Succession Act. People searching for it also type section 43 indian succession act 1925. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 43 of the Indian Succession Act come into force?
Section 43 of the Indian Succession Act, cited as Succession Act 43, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.
Other sections of this Act
- 120. Date of vesting when legacy contingent upon specified uncertain event712 words
- 111. Survivorship in case of bequest to described class652 words
- 142. Specific legacy defined646 words
- 101. Rules of construction where will purports to make two bequests to same person620 words
- 113. Bequest to person not in existence at testator’s death subject to prior bequest486 words
- 114. Rule against perpetuity469 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.