Indian Succession Act, 1925 · 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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 46
No Supreme Court judgment in our database cites this section yet.