Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him.
Illustrations:
(i) A, the intestate, has left a grandfather, and a grandmother and no other relative standing in the same or a nearer degree of kindred to him. They, being in the second degree, will be entitled to the property in equal shares, exclusive of any uncle or aunt of the intestate, uncles and aunts being only in the third degree.
(ii) A, the intestate, has left a great-grandfather, or a great-grandmother, and uncles and aunts, and no other relative standing in the same or a nearer degree of kindred to him. All of these being in the third degree will take equal shares.
(iii) A, the intestate, left a great-grandfather, an uncle and a nephew, but no relative standing in a nearer degree of kindred to him. All of these being in the third degree will take equal shares.
(iv) Ten children of one brother or sister of the intestate, and one child of another brogher or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him. They will each take one-eleventh of the property.
Legal Commentary & Landmark Judgments: Section 48
Section 48 codifies the ultimate collateral succession rule: where no lineal descendants, parents, siblings, or sibling issue survive, the property is divided equally among those kindred who are in the nearest degree of kindred.
The section embodies two fundamental principles: (1) proximity of degree strictly excludes remoter degrees; and (2) all relatives standing in the same nearest degree inherit equally per capita. For example, surviving grandparents (2nd degree) completely exclude uncles and aunts (3rd degree). If no grandparents survive, uncles and aunts (3rd degree) inherit equally, completely excluding first cousins (4th degree). Under Section 27, maternal and paternal kindred of the same degree share equally.
Section 48 requires precise mathematical kinship mapping under Section 28. In high-stakes disputes involving substantial intestate estates with no immediate family, litigators must count the exact degrees for every claimant. A single claimant in the 3rd degree defeats any number of claimants in the 4th degree, making generational calculation the decisive factor in the suit.