(1) The order of
preference of nearest heirs for succession shall, subject to the other
Sections of this Chapter, be as follows:
(a) Husband or wife living in the undivided family,
(b) Son, daughter, widow daughter-in-law living in the
undivided family,
(c) Father, mother, step mother, grand-son, granddaughter,
grand-daughter-in-law, on the side of son
or daughter, living in the undivided family,
(d) Separated husband, wife, son, daughter, father,
mother, step-mother,
(e) Separated grand-son, grand-daughter from the son's
generation,
(f) Separated grand-father, grand-mother,
130
(g) Grand-father, grand-mother, elder brother, younger
brother, elder sister, younger sister, widow elder
brother’s wife or younger brother’s wife living in
the undivided family,
(h) Uncle, aunt, nephew, niece, living in the joint
family,
(i) Separated elder brother, younger brother, elder
sister, younger sister, widow elder brother's wife or
younger brother's wife.
(2) So long as the person who is in the first order of
preference referred to in sub-section (1) at the time when
succession to one’s property is open is serving the person in the
subsequent order of preference shall not be entitled to succession.
(3) If there are more than one heir in the same order of
preference pursuant to sub-section (1), all of them shall equally be
entitled to the succession.
(4) If any heir in the order of preference entitled to
succession does not intend to succeed, the other heirs in the same
order shall be entitled to succession, and even any heir in that order
of preference does not intend to accept succession, the heir in the
successive order of preference shall be entitled to the succession.