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What is the difference between an agnate and a cognate?
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What does agnate mean?
What is the Order of succession between agnates and cognates?
Define ‘agnate’, ‘cognate’, ‘full blood’, ‘half blood’, ‘uterine blood’, ‘heir’ intestate and related in relation to the Hindu Succession Act, 1956 and show the purport of them. Ans. Agnate.—. One person is said to be an ‘agnate’ of another if the two are related either by blood or adoption or wholly through males.
Jul 4, 2023 · * “cognate” – one person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males.
Meaning of “Agnates” and “Cognates” under the Hindu Succession Act, 1956. Agnate means a person related to wholly through males either by blood or by adoption. The agnatic relation may be a male or a female. Cognate means a person related not wholly through males.
- Property of Male Hindu
- Cognate and Agnate Meaning
- Heirs in Class I
- Class II
- Order of Succession Among Heirs
- Distribution of Property Among Heirs in Class I
- Distribution of Property Among Cognates and Agnates
- Property of Female Hindu
- Which Property Does Not Include
- Distribution of Female Hindu Property
The property of a male Hindu dying intestate shall devolve as follows: ― (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; (b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule; (c) thirdly, if there is no heir of any of the two classes, then...
“Agnate” ―one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males.(Section 2(1)(a)) “Cognate” ―one person is said to be a “cognate” of another if the two are related by blood or adoption but not wholly through males.(Section 2 (1) (c))
(we will replace ‘pre-deceased’ word with ‘dead’ for good readability) 1. Son; daughter; 2. widow; mother; 3. Dead Son’s son and daughter 4. Dead Daughter’s son and daughter 5. Widow of Dead son 6. Son and Daughter of dead son’s son 7. widow of a Dead son’s son 8. son and daughter of dead daughter’s dead daughter 9. son and daughter of dead daughte...
I. Father. II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister. III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter. IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter. V. Father’s father; father’s mother....
Among the heirs specified in the Schedule, 1. Class I Heirs shall take simultaneously and to the exclusion of all other heirs; 2. First entry in class II shall be preferred to those in the second entry; 3. those in the second entry shall be preferred to those in the third entry; and so on in succession.
The property in class I shall be distributed according to following rules- Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.―The heirs in the branch of each pre-deceased son or...
The order of succession among agnates or cognates, 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 ascentis 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. Ru...
Any property possessed by a female Hindu, shall be held by her as full owner of property and not as limited owner. This ‘property’ includes both movable or immovable property acquired by a female Hindu- -by inheritance or devise, or -at a partition, or -in lieu of maintenance or arrears of maintenance, or -by gift from any person, whether a relativ...
This section does not apply to following properties- -acquired by way of gift or -under a will or -any other instrument or -under a decree or -order of a civil court or -under an award, where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.
The property of a female Hindu dying intestate shall devolve according to the rules (a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; (b) secondly, upon the heirs of the husband; (c) thirdly, upon the mother and father; (d) fourthly, upon the heirs of the father; and (e) lastly, u...
Nov 19, 2022 · When two agnates have ascent and descent degrees, the one having a lesser number of ascent degrees will be preferred. Class IV heirs. A cognate (Class IV) is someone who was related to the intestate through mixed relatives, in terms of sex.
Order of Succession among Agnates and Cognates Section 12 - 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.
Sep 22, 2020 · When there are no Class I or Class II heirs, who will succeed the property of the Intestate? Who are the Agnates and Cognates? Among them who are preferred? ...more.
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