agnate and cognate
Agnate is a see also of cognate. This is answered by section 13 which provides as under: (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. 3 Different Levels of Organisational Advisory Bodies–Explained! Thus the daughter’s son and daughter and son’s daughter’s son and daughter are cognates. Privacy Policy3.
This site uses Akismet to reduce spam. Rule 3.-Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously. Thus son’s daughter’s son or daughter, sister’s son or daughter, mother’s brother’s son, etc. Agnate means a person related to wholly through males either by blood or by adoption. 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 The Hindu Succession Act, 1956. 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. Thus a father’s brother’s son being nearer than father’s brother’s grandson is preferred to the latter though both of them are in the same line, namely the line starting from father’s father. This rule lays down that in the case of agnates or cognates, where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. In the application of these rules, there is no discrimination on the ground of sex. Content Guidelines 2. If there is no Class I successor, then the property devolves upon the Class II heirs of the deceased. Order of succession among agnates and cognates, Latest legal News & Court News – May 21, 2013, How to lodge grievances Under Income Tax Act – Process to submit grievances by e-Nivaran Form, Legal Remedies for Buyers if Possession of Flat/Apartment is delayed by the Builders, The Code of Criminal Procedure, 1973 (CrPc), Tips for handling disputes between landlords and tenants, Rental Issues During COVID-19 and the possible solutions to that, SC seeks Centre’s response on PIL illuminating black marketing of medical essentials, Kerala HC Advocates Association Launches Junior Lawyers’ Scheme 2020 to help Junior Lawyers, Government brought in an ordinance which provides extension of various time limits under the Taxation and Benami Acts, Gujarat HC denies bail to Asaram who pleaded easy vulnerability to COVID-19 due to old age, Divorce by Mutual Consent in India- Step by Step Procedure, Dishonour of Cheque – Section 138 of the Negotiable instruments Act. Learn how your comment data is processed. The agnatic relation may be a male or a female. Of the same or a similar nature; of the same family; proceeding from the same stock or root; allied; kindred. In the above illustration S, D, SS and SD are the agnates of A in descending line. Allied by blood; kindred by birth; specifically (legal) related on the mother's side. By the Scotch law, agnates are all those who are related by the father, even though females intervene; cognates are those who are related by the mother. 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.
Father’s sister not fit the definition?
For example, a person is an agnate of his father’s brother’s son. See Wiktionary Terms of Use for details. In the same way a son’s son’s son’s son is to be preferred to a son’s son’s son’s son’s son for though the claimants are in the same line namely the line of the deceased, the former is a nearer degree than the latter. 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.
Similarly a father’s brother’s daughter would be an agnate. 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:-
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