10. Distribution of property among heirs in Class I of the Schedule.
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:
Rule 1– The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2– The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3– The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Rule 4– The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
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- Article 334A of the Constitution of India - 14th April 2024
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