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Legal Services, Legal Services India, Law Firm, India, Land Disputes, Property Disputes, Rent Disputes,Real Estate, Property, Divorce, Adoption
Legal Services, Legal Services India, Law Firm, India, Land Disputes, Property Disputes, Rent Disputes,Real Estate, Property, Divorce, Adoption

Order of successions among agnates and cognates- sec .12

Legal Version

(6) Order of successions among agnates and cognates- sec .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 here under -

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 take simultaneously.

Simplified Version

(6) Order of successions among relatives of father and mother - Sec. 12

agnates - relatives from father side.
cognates - relatives from mother side.

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

Rule 1 - Of two successors, the one who has fewer or no degrees of ascent (upward relatives - e.g  father, grandfather etc.) is preferred.

Rule 2 - Where number of degrees of ascent is the same or more that heir is preferred who has fewer or no degrees of descent (downward relatives - e.g son, grandson etc.)

Rule 3 - If the successors are both equally preferred under Rule 1 or Rule 2 they take divide the share of property equally.

 

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