Report No. 110
10.8. Section 56.- Section 56 reads as follows:-
"56. Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him."
In section 56, the word used is 'relative', whereas in section 55, the word used is 'next-of-kin'. But both the words are synonymous1. Although the brother's widow mentioned in Part II of Schedule II (which is referred to in section 55) is not a 'next-of-kin', being not "related" to the deceased by blood, she would succeed under section 55 as the next-of-kin of the intestate.
1. Hirihai v. Barjorji, ILR 22 Born 909.
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