Basic Terms and Definitions
- Agnate: A person is agnate of the other if they are related by blood and only through male relationships. For example, father-son, father-daughter, etc.
- Cognate: A person is cognate of the other if they are related by blood but not only through male relationships. For example, maternal aunt-niece, etc.
- Intestate: A person who dies without defining or creating a valid will.
- Full blood: Persons who have a shared ancestry(father) from the same mother.
- Half-Blood: Persons having the same ancestry(father) but from different mothers.
- Uterine Blood: People sharing the same ancestress(mother) but different fathers.
Classification of Heirs
The preference of the heir selection and property distribution is done through the following list. It is descending in order (Class I, Class II, Agnates, Cognates)
- Class I (Sons, Daughters, Widows, Adopted sons, Mothers, Sons of a predeceased son, Widows of a predeceased son, etc.)
- Class II (Father, Son’s Daughter’s son, Son’s daughter’s daughter, Brother, Sister, etc.)
- Class III (Agnates)
- Class IV (Cognates)
Degrees and Order of Preference
- In the line of familial succession, each generation tier is defined as a degree. In the hierarchy of inheritance, Class I heirs take precedence over Class II heirs, and they inherit first if present. Likewise, Class II heirs are prioritized over agnates, cognates, and subsequent categories.
- Degrees of ascent refer to previous generation ancestors, while degrees of descent denote the next generation descendants.
- Preference is given to an agnate with a descent degree over one with an ascent degree. In scenarios involving two agnates with both ascent and descent degrees, priority is granted to the individual with fewer ascent degrees.
Hindu Succession Act 1956: History, Cases and Future
The Parliament of India enacted the Hindu Succession Act of 1956. It was published on 17 June 1956. This act came into existence seven years after India became independent. It applies to persons all over India and also over Jammu and Kashmir after the repeal of Article 370 in October 2019.
The ideology behind this act is to carry forward and create an undisputed inheritance succession among Indian families. It defines laws for succession for the immediate heirs (Class I and Class II), agnates, cognates, and other possible cases. To make it inclusive for female heirs, it was amended in 2005.
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