1

Dr. Ram Manohar Lohiya National Law University Lucknow

PROJECT REPORT

FAMILY LAW- II

Topic: Succession to the property of a hindu male intestate under

Hindu Succession Act

Submitted to: Submitted by:

Dr. Samreen Hussain Anjali Raut
(Assistant Professor Law )
Dr. RMLNLU B.A. L.L.B (Hons)
Section - B
4 th Semester

Acknowledgement
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For the successful completion of this project, I would like to thank my teacher
Dr Samreen Hussain.She made the concepts of the topic so clear in my mind that
it became very easy for me to work on the topic. It would not have been possible to
complete the project work without her guidance.

Last, but not the least I would like to thank my Parents who stood by me through
every thick and thin.

SAKSHI SINGH BARFAL

TABLE OF CONTENT

 Introduction
 Customary rules of Succession
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 S.3, Hindu Succession Act

 Legitimate and Illegitimate relationship
 Succession to Hindu Male
 Heir of Hindu Male
 S.8, Hindu Succession Act
 Class I heirs
 Class II heirs
 S.11, Hindu Succession Act
 Agnates and Cognates
 S.12, Hindu Succession Act
 Order of Succession among Agnates and Cognates
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Introduction

The Hindu Succession Act, 1956 has undergone a number of changes through the Hindu
Succession (Amendment) Act, 2005 (39 in 2005). Section 6 of the said Act has been completely
changed by a new provision. This new arrangement extends to the Hindu joint family.

The amendment was passed by Judge P.B. Based on the 17th Report of the Law
Commission of India on 'Women's Property Rights: Proposed Reforms under Hindu Law' headed
by Jeevan Reddy. The Commission recommended the removal of contradictions and ambiguities
in relation to the property rights of Hindu women under the 1956 Act. In the view of the Law
Commission, it is unfair to exclude daughters from participating in the Copernican property right
for sexual reasons. Therefore, this amendment provides for full-scale property rights for
daughters who have ancestral property with sons.

The Mitashara dual property sharing system has also been eliminated. Pursuant to Section 6
(3) of the 2005 Act, the interest of a Hindu who dies after the enactment of the Act of 2005 shall,
under this Act, be provided in succession, not by survival, but as evidence or hernia.

The law added some intimate knowledge to the list of Class I heirs, i.e., grandchildren of
the former.

Both categories. That is, sections 23 and 24, which discriminated against women, were
omitted by the 2005 Amendment Act. There was a special arrangement regarding the residence
in Section 23. Accordingly, if a Hindu dies leaving the male and female heirs in the first class
and the property he / she leaves includes a residential house fully occupied by his / her family,
the female heir has no right to claim separation unless she is unmarried or abandoned or
separated from her husband or is a widow. Property until the right to reside in the dwelling house
is available.

Section 24 Some widows who have been disqualified, i.e. the widow of a former son-in-law
and the widow who is harassed if remarried on or before the date of hernia.

The pious duty of the son to repay the debts of the father is also abolished by sub-section
(4) by this amendment.
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As it was about five decades ago, the Hindu Succession Act will no longer amaze a student.
The two schools of Hindu law are not based on their intuition on fundamentally different
principles; This different sub-school of Mitakshara no longer creates problems in the
comprehensive implementation of the Mitakshara rules of succession; More and more customs
are changing the subsequent law and adding to the problem. Today, we have one uniform law of
succession for all Hindus. Old Hindu law and customary law of succession stand abrogated.1
That does not mean we are completely deviated from the old law. Retains the old structure.
There is still a hereditary basic classification of the property of a Hindu woman and a Hindu
man. The preference for mitaxara, which gives preference to men over women and is more than
intellectual, has been significantly reduced, but as we have to go to a distant heir, the rule of
agnatic choice reaffirms itself. The estate and modifier of women have been abolished, but who
will receive the property of the woman, thus lurking in the background of the notion of reverse
inheritance. The doctrine of representation is retained up to three degrees of descent for male
heirs — this extends to knowing the offspring, but not completely. First class heirs are retained
out of respect, but as far as the heirs of others are concerned, per capita rule is used.
Customary rules of succession-

In some tribes the Chudabanth (wife-wise determination of shares) prevails. Such a custom is
tribal and not territorial.2 The Hindu Succession Act preserves the dual mode of devolution of
property under the Mitakshara School. The joint family property still devolves by survivorship
with this important exception that rule of succession will apply to a Mitakshara coparcener is he
dies leaving behind mother, widow, daughter, daughter’s daughter, son’s daughter, son’s son’s
daughter, son’s widow, and daughter’s son.
The Hindu Succession Act, 1956, bases its rule of succession on the basic Mitakshara
principle of propinquity, i.e., preference of heirs on the basis of proximity of relationship. The
Mitaksharalimited the effect of the principle by the twin rules of exclusion of females and of
agnatic preference. The rule of exclusion of females has been done away with, while the rule of
agnatic preference has been considerably modified so far as it concerns the nearer relation. The
Dayabhaga principle of religious efficacy has been abrogated. The modern Hindu law of
succession is essentially a secular law. Religious or spiritual considerations figure nowhere.
1
Section 4, Kesharbai v. State of Mah., 1981 Bom. 115.
2
Hardan Singh v. Deputy Director, Consolidation, 1992 S.C. 1009.
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A person, so long as he is alive, is free to deal with his property in any way he likes.
He is, by making a will, free to lay down his own scheme of distribution of his property after his
death. This is known as a testamentary disposition. If he dies without leaving a will, it is the
purpose of the law of inheritance to determine the persons who will take his property. In our
contemporary world, someone must be the owner of the property, an individual, corporate person
or state. The law of succession is classified a under:

1. Testamentary succession, and

2. Intestate succession.

The law of testamentary succession is concerned with how best effect can be given to the
tester's preferences (i.e., the person who made the will); What are the rules regarding the creation
of the will and the related and ancillary matters. The tester gains complete freedom to acquire his
property.

The law of intestate succession is concerned with such matters as: who owns the property,
i.e. who are the heirs; What are the options between different relationships, and how the property
should be distributed if a person has more than one heir; What are the disqualifications of heirs
and related and ancillary matters.

The law of intestinal heirs is very precisely the rule of inheritance. Inheritance law contains
rules governing the distribution of the deceased's property to heirs only on the basis of the
relationship with the deceased, while subsequent law deals with the division of property in the
relationship. As others. This is the main difference between the two terms succession and
inheritance.
Apart from S. 30, which confers upon a person a power of disposing, his property including
the undivided interest in the Mitakshara coparcenary property3 the Hindu Succession Act, 1956,
deals with intestate succession among Hindus. We would discuss the subject under following
heads: (1) Succession to a Hindu male, (2) Succession to a Hindu female, (3)
Disqualifications of heirs, and (4) General rules of succession.
Succession opens at the time of the death of the person whose estate is in question and is

3
Puna v. Babana, (1971) 28 C.I.J. 387.
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governed by this law in force at this time.4

Line of succession quo settlement cannot be created by

Hindu- Now a Hindu can dispose of his property by a settlement or otherwise in any manner
known to Hindu law. But he cannot lay down a line of succession against the Hindu Law
of Inheritance. This has now been settled by a series of decisions beginning from the
Judicial Committee’s decision in Tagore v. Tagore5. A Hindu can go next by creating a
relocation that includes a gift or an executive gift or a testamentary disposition in the
form of a wish. He can also create a confidence. These are the modes recognized by
Hindu law. In this case a Hindu can enter into a family settlement bond, one half share
valid for each party and the bond and its validity are not challenged. But a Hindu cannot
create an estate unknown to Hindu law or subsequently act against the principles of the
Hindu Law of Inheritance in the act of settling his property. For in doing so he would be
legislating.6
Before we proceed further, it is necessary to understand the meaning of certain terms.

S.3, Hindu Succession Act-

 Intestate- A person who dies without making a will is known as ‘intestate’.

Clause (g) of Section 3 of the Act, runs: “A person is deemed to die intestate in
respect of property of which he or she has not made a testamentary disposition
capable of taking effect.”

 Heir-
A person who is entitled to inherit property after the death of the intestate is
known as heir. Clause (f) of S.3 of the Act runs: “Heir means any person, male or
female, who is entitled to succeed to the property of interest under the Act”

4
Daddo v. Raghunath, 1979 Bom. 176.
5
(1872) Ind. App. Sup. Vol. 47: 16 W.R 359.
6
BrijendraPratap Singh v. PremLata Singh, AIR 2005 All 113.
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 Descendants-
Descendants means the offspring’s of a person. Immediate descendants of a
person are his sons and daughter. The children of sons and daughters and their
children, and so on, are also descendants. A person may have descendants through
his sons or daughters upto any degree of descent.
 Ascendants-
Ascendants of a person a known as ascendants. Immediate ascendants of a person
are his father and mother. The father and mother of his father and mother are also
his ascendants, and so are their parent’s upto any degree of ascent.

 Collaterals-
Collaterals are descendants in parallel lines, from a common ancestor to
ancestress. For instance, brother is a collateral, so is a sister. Similarly, paternal
uncle and paternal aunt and their children, maternal uncle and maternal aunt and
their children are collateral.

 Agnates-
When a person traces his relationship with another wholly through males, he or
she is an agnate. For instance, brother, brother’s son, son’s son, son’s son’s son,
father, father’s father, father’s mother, father’s father’s father of mother, son’s
daughter, son’s son’s daughter, etc. are agnates. The sex of a person who traces
his relationship with another is immaterial. What is material is that in between
him or her and the common ancestor or ancestress, all persons through whom
relationship is traced should be males.

 Cognates-
Whenever in the relationship of a person with another, a female (or more than one
female) intervenes anywhere in the line, one is cognate to another. Number of
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cognates is larger than that of agnates.7 For instance, sister’s son and daughters,
daughter’s sons and daughters, mother’s mother and father, father’s mother’s
father and mother, mother’s father’s son and daughter are all cognates. Clause (c)
of Sec 3(1), Hindu Succession Act, runs; ‘One person is said to be a ‘cognate’ of
another if the two are related by blood or adoption but not wholly through males’.
A cognate be a descendant, ascendant or collateral.

 Full Blood-
When the father and the mother of two persons are the same, they are related to
each other by full blood. According to s. 3(1) (e) (i), Hindu Succession Act, ‘Two
persons are said to be related to each other by full blood when they are descended
from common ancestor by the same wife.’ Thus, children of the same parents are
children by full blood, e.g., brothers or sisters or a brother and a sister. In the
common parlance, they are known as the ‘real brothers, the real sisters or the real
brother and sister.

 Half Blood-
When two persons have the same father but different mothers, they are
related to each other by half blood. According to clause (e) (i) of S. 3 (1), Hindu
Succession Act, two persons are said to be related to each other when they ‘are
descendent from common ancestor but by different wives. For instance A marries
Q and a son B is born to him from Q; Q dies and A marries R and a daughter C is
born to him from R; A divorce R and marries S. A son D is born to him from S,
B,C and D are related to each other as brother and sisters by half blood.

 Uterine Blood-

7
PrabhuDayal v. Suwaram, 1994 Raj. 149.
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When two persons have the same mother but different fathers, they are said to be
related to each other by uterine blood. According to clause (e) (ii) of S. 3(1) of
this Act, ‘Two persons are said to be related to each other by uterine blood when
they are descendent from a common ancestress but by different husband. ‘For
example, P takes a husband S and from him she gets a son A. S dies and P
remarries Y and gets a son B. Subsequently, she divorces him and takes another
husband Z, and from him a daughter C is born to her. A, B and C are related to
each other as brother and sister by uterine blood

Legitimate and Illegitimate relationship-

A person born into a legal marriage is a person who is related to his or her parents through a
formal relationship. A person born out of wedlock is illegitemate and he or she is in a
relationship with his or her parents through an illicit relationship. It has been held that the child
born out of live-in-relationship cannot claim a right.8 The abusive relationship is recognized by
the mother. Section 3 (1) (i) operates on: ‘Relative, relating to a formal relative: If illegitimate
children are provided, their mother and they will be deemed to be related to each other; Their
legitimate descendants will be considered to be related to each other; Any word that expresses a
relationship or refers to a relative will be considered accordingly. ’A division bench of the Andra
Pradesh High Court has declined to take the view that the proviso to Section 3(1) (i) should be
confined to those children who do not become legitimate under Section 16, Hindu Marriage Act.9
Children of void and voidable marriages are entitled to succeed to their father,10 therefore,
children of both the wives would be entitled to take benefits, though second wife would not be so
entitled.11

Succession to Hindu Male

8
Bharatha Mata v. R. VijayaRamganathan, 2010 SC 2685.
9
Rasala v. Rasala, 1992 AP 234.
10
Rameshwari Devi v. State of Bihar, 2000 SC 375.
11
Nagarathamma v. Venateshamma, 2000 Kant 181.
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The Hindu Succession Act, 1956, refers to the following: (a) the individual characteristics of the
Mitashara male, (b) the individual and sub-characteristics of the Mitashara male, and (c) the
widow, daughter, daughter-in-law, son-in-law, son-in-law for the undivided interest of the joint
family property; Mitashara coparsanar, grandson's daughter, grandson's widow or niece's son.
This Act does not apply to the property of a Hindu who is married under the Special Marriage
Act, nor to any estate which descends to a single heir under the terms of any agreement of India
or any other law passed before its commencement. Hindu Succession Act and Valiyamma
Tambura Temple Estate and former Cochin State Palace Fund.

Heir of a Hindu Male

Under the Act, heirs of a Hindu Male fall under the following heads:

S. 8, Hindu Succession Act-

(I) Class I heirs, (2) Class II heirs, (III) Agnates, (IV) Cognates, and (5) Government.12. Class I
and Class II heirs are sometimes also called enumerated heirs, since the Act enumerates them.
Class I heirs are also called preferential heirs, as presence of anymore of them excludes heirs in
all other classes. They are also called simulataneous heirs, as heirs in Class I inherit
simultaneously one does not exclude the other.

Class I Heirs
In Class I Heir, we have following enumerations of heirs13:
(i) Mother, (ii) Widow, (iii) Daughter, (iv) Son, (v) Widow of a predeceased Son, (vi)
Son of a predeceased son, (vii) Daughter of a predeceased son, (viii) Widow of a predeceased
son, (ix) Daughter of a predeceased son of a predeceased son, (x) Son of a predeceased daughter,
(xi) Daughter of a predeceased son, (xii) Son of a predeceased daughter, (xiii) Son of a

12
Under the old Hindu Law, before the property could go the government, one more class of heirs was recognized,
the spiritual heirs. With the secularization of Hindu law of inheritance, they have been omitted. The Mitashara
classification of heir into Sapinda. Samanodakas and Bandhus, as well as the Dayabhaga classification of them into
Sapinda, Sakulyas and Samanodakas have been done away with.
13
Sometime the expression children issues, heir carry the same meaning.
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predeceased daughter of predeceased daughter, (xiv) Daughters of a predeceased daughter of a

predeceased daughter, (xv) Daughter of a predeceased son of a predeceased daughter, (xvi)
Daughter of a predeceased daughter of a predeceased son.14

Son, son’s son and son’s son’s son-

Son means a legitimate son of the porosities. The special position of Sudra dasiputra has not
been retained. This is on account of the definition of the word ‘related’ in S 3(1) (i) which lays
down that as far as relationship is concerned with a male propitious ‘related’ means related by
legitimate kinship. A legitimate son may be an aurana son or dattaka son. The adopted son takes
an equal share with the aurasa son. An illegitimate child is not entitled to inherit.15

Gharjamai-
Among the Sathals, Gharjamai has the status of a son. He is for all intents and purposes like an
adopted son. In Ashok v. Rani Hembrom,16 it was held that he is entitled to succeed to his father-
in-law’s property like an adopted son.

Posthumous son-
A posthumous son is also included. Section 20 of the Act lays down that a child who was in the
womb at the time of the death of the intestate and who is subsequently born alive has the same
right of inheritance as if he was already born when propitious died. Under the Hindu Succession
Act, 1956, the sons born after the partition and the divided sons inherit with other sons.
A son of a voidable marriage is a full-fledged legitimate son and will inherit as such. But the
son of void marriage and a son of a predeceased son of a predeceased son. However, grandson or
great grandson will not succeed if the marriage of their father was void or annulled.17

Daughter, son’s daughter, son’s son daughter-

Just as in the case of a son, daughter means a legitimate daughter, born natural or adopted. If
there are both natural born and adopted daughters, they inherit equally. An illegitimate daughter

14
Added by Amendment Act of 2005.
15
Daddo v. Raghunath, 1976 Bom. 176.
16
1988 Pat. 129.
17
Section 16, Hindu Marriage Act, 1955.
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cannot inherit. A daughter also includes a posthumous daughter, but does not include a step
daughter. The position of daughters of void and voidable marriages is the same as that of the
sons. The distinction between married, unmarried and widowed daughters or between indigent
and rich daughter is no longer cooperate. All daughters inherit and inherit equally.18Unchasty of
a daughter is no bar to inheritance. A divorced daughter is also entitled to inherit. Under the M.P
Ceiling of Agriculture Holdings Act, 1960, major daughters of the deceased Bhaominder do not
fall in the definition of daughter.19
The above applies to son’s daughter and son son’s daughter mutatis mutandis. The
position of these daughters when marriage of their father is void or voidable is the same as of
grandsons and great grandsons. A daughters who had received a gift of joint family property
cannot be denied a share when succession opens up.20

Daughter’s son and daughter’s daughter-

Both natural born and adopted children of a predeceased daughter are included. It seems that
illegitimate daughters and sons of a daughter are also included. It seems that illegitimate
daughters and sons of a daughter an also included. Proviso to clause (j) of S.3 says that
‘illegitimate children shall be deemed to be related to their mother and one another. This means
that the illegitimate children are related to their mother, i.e., daughter. The daughter’s children
take the property representing her when she is dead.

Widow, son’s widow, son’sson’s widow-

The propositus widow means the wife of a valid marriage. If a male dies leaving behind only his
widow after coming into force of the Act she would be the sole heir and would inherit
absolutely.21 Thus, if the propositus marriage is void, the wife is not his lawfully wedded wife,
and therefore she will not be his widow. The same is the position of the wife of the annulled
voidable marriage. It is submitted that S.16, Hindu Marriage Act, 1955, confers a status of
legitimacy on the children of annulled voidable marriage and not on the wife of such marriage. A
divorced wife will also not be his widow. The same applies mutatis mutandis to son’s widow and

18
Ramesh Verma v. LageshSaxena, 1998 MP 46.
19
Sooraj v. Rehti, 1995 SC 872.
20
Meenaksharmma v. Nanjodappa, 1993 Kant. 12.
21
Sadha Singh v. Gurudwara Sahib Narike, 2006 SC 3282.
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son’s son’ widow.

An unchaste widow can also inherit.22If she remarries, she will not be divested of her husband’s
inheritance. A son’s widow or a son’s son’s widow who has remarried on the date when
succession opens cannot inherit. In the case of son’s widow and son’s son’s widow, unchastity is
no bar.

Mother-
Mother is always a mother. Propositus may be her legitimate aurasa son, or adopted son or an
illegitimate son, she will inherit. She may be unchaste, she might have remarried.23 She might
have been divorced, she remains a mother, it is also immaterial whether he marriage with the
propositus father was void or voidable. But the stepmother is not included in the expression
‘mother’ and she does not inherit in Class I heir, though she does so as Class II heir.

Class II Heirs and their Share

S.11, Hindu Succession Act-

The Class II heirs are divided into nine categories. The rule is that an heir is in earlier category
excludes all heir in later categories. All heirs in one category take simultaneously between them
and take per capita. Merely because numerals have been used in some categories, such as in
categories II, III, and IV, it does not indicate any preference of heirs in an earlier numeral over
the heir in the later numeral. Thus, in category II, son’s daughter’s son bear numeral (1), it does
not mean that son’s daughter in numeral (2), brother in numeral (3), sister in numeral (4) will be
excluded.24

(I) Father
Father is the only nearest heir who has not found a place in Class I. On the basis of propinquity,
he should have figured in Class I, along with the mother. But such has been the Mitakshara
notion of propinquity that under the Mitakshara law, mother was considered to have greater

22
Jayalakshari v. Ganevesa, (1972) 2 M.L.J. 50.
23
Gurdit Singh v. Darshan Singh, 1973 P. & H. 362.
24
Satya v. Urmila, 1970 S.C. 1714.
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propinquity than the father.25 Thus, it seems, the Hindu Succession Act, 1956, gives effect to the
Mitakshara rule of propinquity. Father is the sole heir in category I, and, in the absence of class I
heirs, takes the entire property.

(II)
(I) Son’s Daughter’s Son.
(II) Son’s Daughter’s Daughter.
(III) Brother.
(IV) Sister.

Brother and Sister- “Brother” and “Sister” here include the following-
(a) Brother and Sister by full blood, and
(b) Brother and Sister by half blood.

Brother and Sister of equal ranks inherit equally.26 The rule is when there is any brother or sister
by full blood, the brother or sister by half blood is excluded. When there is no brother and sister
by full blood, the brother or sister by half-blood inherits. The rule of preference of brother and
sister of full blood is in accordance with the Mitakshara. However, in Purshottam v. Shrippa,27,
the Bombay High Court had held that view that a full brother excludes a half-brother and a full
sister share excludes a half-sister, but where there is a brother of a half blood and sister of full
blood, the former will not be excluded. The Division Bench took the view as it thought that the
basis of classification of heirs was not nearness of the blood relationship. It is submitted that this
is not correct. A Full bench has now overruled this view.28
The brother and sister by uterine blood are excluded.29 If the propositus and his brother
and sister are all legitimate children of their mother, such brothers and sisters are heirs to him.30
All the heirs in this category inherit per capita.31 Since all heirs in this category share per capita,

25
Mitakshara, 11, 13; VivadaChintamani also took the same view.
26
Krishna v. State of Haryana, 1994 SC 2536.
27
1976 Bom. 374.
28
Women Govind v. Gopal Baburao, 1984 Bom. 208 (F.B).
29
See explanation to the Schedule which says reference to a brother or sister do not include reference to a brother
or sister do not include reference to a brother or sister by uterine blood.
30
Kumara v. Kunjulakshmi, 1972 Ker. 66.
31
Section 3(i), Hindu Succession Act.
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and all of them are heirs of this category, each will take one share.

(III)

(I) Daughter’s son’s son.

(II) Daughter’s son’s daughter,
(III) Daughter’s daughter’s son,
(IV) Daughter’s daughter’s daughter.

This is a simple category. This rule of the distribution of property is the same, all heirs
in one category take per capita.

(IV)

(I) Brother’s son,

(II) Brother’s daughter,
(III) Sister’s son,
(IV) Sister’s daughter.

Under this category, brother’s sons and daughters and sister’s son and daughters may be
the children of the brothers and sisters by full blood or half blood. But they cannot be the
children of brothers and sisters by uterine blood. But it is propositus and his brothers and sisters
are all illegitimate children of their mother, then children of such brothers and sisters will be
entitled to inherit. The rule is the same as in case of brothers and sisters. Children of brothers and
sisters by full blood are preferred over children of sisters and brothers by half blood. All four
heirs shall take 1/4th each. All heirs in this category take per capita.
Father’s father and father’s mother do not include paternal step-grandfather or paternal step-
grandfather. If they are adoptive parents of father, they will be excluded. When both of them are
heirs, take per capita, i.e., ½ each.
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(V)

(I)Father’s widow
(II) Brother’s widow.

Father’s widow means stepmother. She is the only step relation that is included among
heirs. Even if she had remarried at the time when succession opens, she will inherit. According
to Mitakshara, a stepmother did not succeed to her stepson. But she is, according to the
Mitakshara, a gotrajasapinda and as such she could come after all his male sapinds. It was only
in Bombay that she succeeded as gotrajasapinda, elsewhere in the Mitakshara jurisdiction, she
did not succeed. Under the Dayabhaga School also, she did not succeed. The Hindu Succession
Act seems to adopt the Bombay view. She succeeds along with the brother’s widow.
A brother’s widow is not entitled to succeed if she had remarried on the date succession
opens.
If there are two brothers, they will take per capita. If there are more than one widow of the
same brother, then also they will inherit per capita. Similarly, if there are more than one
stepmother, they will take per capita. The rule that if there are more windows than one, they
together take one share applies to Class I heirs. It does not apply to Class II heirs.

(VI)

(I) Father’s brother,

(II) Father’s sister.

Father’s brother and father’s sister may be by full blood or by half blood, but the rule is
that so long as there is father’s brother or father’s sister by full blood, the father’s brothers or
father’s sisters by half- blood do not succeed. The latter succeed on the failure of the former.
Father’s brother or father’s sister by uterine blood is not included, but father’s sister or father’s
brother by adoption is included. Thus, if there are father’s brother by natural birth and father’s
sister by adoption, both will inherit and take simultaneously.
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(VII)

(I) Mother’s brother.

(II) Mother’s sister.

The paternal uncle and paternal aunt are in category VII but maternal uncle and maternal
aunt in category IX, the last category of class II heirs.
The maternal uncles and maternal aunts by natural birth as well as by adoption are
included. If maternal uncle is by natural birth and maternal aunt is by adoption or vice versa,
both inherit simultaneously and take per capita. Both maternal uncle and maternal aunt by full
blood and half-blood are included but the full blood excludes the half blood.

Agnates and Cognate

S.12, Hindu Succession Act-

AGNATES:

It is said that even if two persons are related to each other by blood or adoption, but when they
are entirely through men, they are agnates of each other. For example, a person is an agnate of
his father's brother's son. It is said that being related to blood does not mean being related to
birth. So ‘Agnate’ also includes the relationships of marriage. So the widow of a father's brother
is entitled to the torment of the deceased and his property. Similarly the daughter of a father’s
brother is a agnate.

COGNATES:

Two individuals are said to be related to each other by blood or adoption, but not entirely by
males, they are said to be cognates to each other. For example, the son of A's father's sister
would be A's cognate. Similarly, the son of A's brother's daughter will be A's cognate. Whenever
a person’s relationship with another woman (or more than one woman) interferes anywhere
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along the line, one is said to be cognate to the other. Thus daughter-in-law and daughter-in-law
and son-in-law son-in-law are cognates.

ORDER OF SUCCESSION AMONG AGNATES AND COGNATES:

 In case of non-availability of Class I and Class II heirs, the property of the deceased devolves
upon his agnates and if there are no agnates, upon his cognates. Therefore when agnates are
present, cognates would not get any share in the property of the deceased. However, if more than
one agnates or cognates are present, then the order of succession among them is governed by the
provisions of section 12 of TheHindu Succession Act, 1956. Sections 12 provides as under:

12. Order of succession among agnates and cognates.

  The  order   of succession  among  agnates or cognates, as the case may be,  shall  be
determined  in  accordance  with the rules  of  preference  laid  down hereunder:-

Rule 1.-Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2.-Where the number of degrees of ascent is the same or none, that heir is preferred who
has fewer or no  degrees  of descent.

Rule 3.-Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they
takesimultaneously.

Computation of degrees:

Another question that arises is that of computation of degrees. This is answered by section 13
which provides as under:

13. Computation of degrees.

  (1) For the purposes  of  determining the order of succession among  agnates or cognates,
relationship  shall be  reckoned  from the  intestate to the heir in terms  of  degrees  of ascent
or degrees of  descent or both, as the case may be.

  (2)  Degrees  of ascent and degrees of descent shall be  computed  inclusive of the intestate.

(3)  Every  generation constitutes a degree either  ascending  or   descending.

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This section lays down that for the purpose of determining the order of succession among
agnates and cognates, the relationship shall be reckoned from the intestate to the heir in terms of
degrees of ascent or degrees of descent or both as the case may be. Degrees of ascent and
degrees of descent shall be computed inclusive of the intestate. Every generation constitutes a
degree either ascending or descending.

CONCLUSION

It is important to note that the Hindu Succession Act of 1956 has brought clarity to matters of
inheritance for the Hindu community, which was lacking in the absence of the codification of
custom law.
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BIBLIOGRAPHY

BOOKS
 Paras Diwan, Modern Hindu Law
ONLINE SOURCE

 http://www.legalservicesindia.com/article/1002/succession-to-the-
property-of-a-hindu-male.html
 https://blog.ipleaders.in/heirs-of-a-male-estate-under-hindu-law/
 https://lexpeeps.in/general-rules-of-succession-of-hindu-male/
 https://www.legalbites.in/hindu-succession-act-1956-order-of-succession