Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister

Q: When did Section 48 of the Indian Succession Act come into force?

Section 48 of the Indian Succession Act, cited as Succession Act 48, 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.

In force From 30 Sep 1925 Act 39 of 1925 As on 14 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 48 of the Indian Succession Act, 1925 deals with 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. The Act came into force on 30 Sep 1925.

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 brogher 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.
Section 48, The Indian Succession Act, 1925 (Act 39 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

s. 41 Rules of distribution where intestate has left no lineal descendants

Questions about Section 48

What does Section 48 of the Indian Succession Act deal with?

Section 48 of the Indian Succession Act is headed "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.

How do I find court cases under Section 48 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 48, section 48 Succession Act, section 48 of the Indian Succession Act. People searching for it also type section 48 of indian succession act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 48 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 48 of the Indian Succession Act come into force?

Section 48 of the Indian Succession Act, cited as Succession Act 48, 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

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.