Share of brother in deceased brother’s property
Indian Succession Act and share of brother in deceased brother’s property
Consanguinity is the quality of being descended from the same ancestor as another person. Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great-grandson and so downwards in the descending line.
Simply put the relationship between direct line, parents, child, and grandparent.
Situations where brother acquires deceased brother’s property
- If the deceased father is dead, but the mother is alive and there are also brothers or sisters of the deceased living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister will succeed to the property in equal shares.
- A dies intestate, survived by his mother and two brothers of the full blood, B and C and a sister D, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and D, the sister of half blood, takes one-fourth.
2. If the deceased father is dead but the mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, will be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the deceased death.
- A deceased, leaves his mother, his brothers B and C, and also one child of a deceased sister, D, and two children of E, a deceased brother of the half-blood who was the son of his father but not of his mother. The mother takes one-fifth, B and C each take one-fifth, the child of D takes one-fifth, and the two children of E divides the remaining one-fifth equally between them.
3. Where the deceased has left neither lineal descendant, nor father, nor mother, the property will be divided equally between his brothers and sisters and the child or children of such of them as may have died before him.