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Questions and Answers

In a scenario where two collateral agnates are competing heirs, which one is preferred and why?

The brother’s son’s daughter is preferred because, despite having two degrees of ascent, they have only three degrees of descent compared to the brother’s son’s son’s daughter.

Under what circumstance do two agnates take simultaneously according to Rule 3?

When neither heir is entitled to be preferred under Rule 1 or 2, they take simultaneously.

What is the difference in the rights of a female Hindu to her property before and after the coming into force of the Act?

Before the Act, a woman’s ownership of property was limited by certain restrictions, but after the Act, she holds property as a full owner with full heritable capacity.

What category of heir is a brother’s son’s daughter?

A collateral agnate. Signup and view all the answers

When do two cognates take simultaneously?

When they are in the same degree of descent and have the same number of degrees of descent, and neither is entitled to be preferred under Rule 1 or 2. Signup and view all the answers

What is the significance of Section 14 of the Hindu Succession Act, 1956?

It declares that all property possessed by a female Hindu shall be held by her as full owner, overriding traditional limitations on her property rights. Signup and view all the answers

What is the impact of the Act on the old law of Stridhana?

The Act overrides the old law of Stridhana in respect of all property possessed by a female, whether acquired before or after the commencement of the Act. Signup and view all the answers

What is the effect of the Act on the powers of a female Hindu to hold and transmit property?

The Act dispenses with the traditional limitations on the powers of a female Hindu to hold and transmit property. Signup and view all the answers

If P dies, leaving behind a mother, two sons, and three daughters, how would the property devolve?

1/6th each Signup and view all the answers

What is the significance of the Caste Disabilities Removal Act, 1850 in the context of intestine succession?

Conversion to another religion is no longer a disqualification for inheriting property Signup and view all the answers

How would the property devolve if P dies, leaving behind a widow, a mother, and two sons?

1/4th each Signup and view all the answers

What is the exception to the rule of succession in the case of a convert's descendants?

If the descendant is a Hindu at the time of the intestate's death, they are not disqualified Signup and view all the answers

What is the category of heirs that includes a pre-deceased son's son and a pre-deceased daughter's daughter?

Grandchildren Signup and view all the answers

How would the property devolve if P dies, leaving behind his two widows, his mother, two widows of a pre-deceased son, and a son of a pre-deceased son?

1/3rd, 1/6th, 1/6th, and 1/3rd respectively Signup and view all the answers

In what way does the conversion of a Hindu to another religion affect the succession of their property?

The provision of S. 26 regulates the succession of property, ensuring that descendants of a convert are disqualified unless they are Hindus at the time of the intestate's death Signup and view all the answers

What is the significance of the timing of a conversion in the context of intestine succession?

The timing of conversion can affect the succession of property, as seen in the example of P's son C who converted to Christianity in 1979 Signup and view all the answers

How is the relationship between the intestate and his agnates or cognates reckoned for the purpose of computation of degrees of relationship?

The relationship is reckoned from the intestate to the heir in terms of degrees with the propositus (intestate) as the starting point. Signup and view all the answers

Is there a rule of discrimination or preference between male and female heirs in the context of intestate succession?

No, there is no rule of discrimination or preference between male and female heirs. Signup and view all the answers

What is the effect of the rule that every generation constitutes a degree, either ascending or descending?

This rule means that the computation of degrees of ascent or descent is inclusive of the intestate. Signup and view all the answers

What is the first rule of preference in determining the order of succession among agnates or cognates?

The first rule of preference is that, of two heirs, the one who has fewer or no degrees of ascent is preferred. Signup and view all the answers

What happens when two or more claimants in the category of agnates or cognates are not entitled to be preferred to each other under rules 1 or 2?

They take simultaneously under Rule 3. Signup and view all the answers

What is the second rule of preference in determining the order of succession among agnates or cognates?

The second rule of preference is that where the number of degrees of ascent is the same, the one who has fewer or no degrees of descent is preferred. Signup and view all the answers

Can a paternal uncle's son (father's father's son's son) be preferred to a brother's son's daughter (father's son's son's daughter) in a scenario of intestate succession?

No, the brother's son's daughter (father's son's son's daughter) would be preferred to the paternal uncle's son (father's father's son's son). Signup and view all the answers

What are the two categories of heirs in the context of intestate succession?

The two categories of heirs are agnates and cognates. Signup and view all the answers

Study Notes

Computation of Degrees of Relationship

The relationship between the intestate and his agnates or cognates is reckoned from the intestate to the heir in terms of degrees, with the intestate as the starting point.
There is no discrimination or preference between male and female heirs, and both are treated equally.
Every generation constitutes a degree, either ascending or descending.

Rules of Preference

The order of succession among agnates or cognates is governed by three rules of preference laid down in S. 12.
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, the one who has fewer or no degrees of descent is preferred.
Rule 3: Where neither heir is entitled to be preferred under rule 1 or 2, they take simultaneously.

Illustrations of Rules of Preference

Brother's son's daughter is preferred over paternal uncle's son because the former has only 2 degrees of ascent, whereas the latter has three degrees of ascent.
Where the number of degrees of ascent is the same, the one with fewer or no degrees of descent is preferred.
If two heirs have the same number of degrees of ascent and descent, they take simultaneously.

Succession to Property

If P dies leaving behind a mother, two sons, and three daughters, the property devolves equally among the five heirs, each getting 1/6th share.
If P dies leaving behind a mother, a son, and two daughters, the property devolves equally among the four heirs, each getting 1/4th share.
If P dies leaving behind a widow, a mother, and two sons, the property devolves equally among the four heirs, each getting 1/4th share.

Conversion to Another Religion

Under the old Hindu law, conversion to another religion was a disqualification, but this was removed by the Caste Disabilities Removal Act, 1850.
Conversion does not disqualify an heir from inheriting property, but descendants of a convert are disqualified.
However, if a convert or their descendants reconvert to Hinduism at the time of the intestate's death, they are not disqualified.

Property of a Female Hindu

The property of a female Hindu is her absolute property, and she has full heritable capacity.
The Act overrides the old law on Stridhana, and all property possessed by a female, whether acquired before or after the commencement of the Act, shall be held by her as full owner.

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