Discussion
A, the Christian man dies intestate leaving his mother, one daughter of deceased sister and two sons of his deceased brother. The share of each son of the deceased brother will be :
Answer: D
Each son of the deceased brother takes 1/6.
For a Christian dying intestate with no lineal descendants and no father, the Indian Succession Act, 1925 gives the property in equal shares to the mother and to each brother or sister, the children of a deceased brother or sister taking together (per stirpes) the share their parent would have taken. Here there are three equal shares:
\[ \begin{aligned} \text{mother} &= \tfrac{1}{3} \\ \text{sister's daughter} &= \tfrac{1}{3} \\ \text{brother's two sons} &= \tfrac{1}{3} \end{aligned} \]
The brother's two sons split their parent's third, so each gets \(\tfrac{1}{3} \div 2 = \tfrac{1}{6}\). 1/3 is the share of the brother's line as a whole, and 1/4 would wrongly count each nephew and niece per capita.
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