LEGAL TERMS USED IN HINDU SUCCESSION ACT

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Agnate and Cognate

The words agnate and cognate are used to described lineage.

One person is said to be Agnate of another person, if both are related by blood or adoption only through males.

Cognate means, the two persons are related by blood or adoption, but not only through males.

The terms full blood, half blood, and uterine blood

Persons who are related to each other and descended by a common ancestor by same wife are said to be related by full blood.

Persons being descendants of a common ancestor, but by different wives are said to be related by half blood.

Persons who are descendants of common ancestress but by different husbands are said to be related by uterine blood.

Heir, Interstate; Testamentary succession

Heir is a person, both male and female who is entitled to succeed to the property of deceased.

Interstate means, a person who dies without making any will as to the succession to his property.

Testamentary succession means, succeeding to the property of the deceased according to the terms of the legally valid will made by the deceased.

Mithakshara and Dayabagha laws?

Both are two important schools of Hindu Law. Mithakshara law is followed by entire India expect Bengal which follows Dayabagha Law. Sri Vignaneswara is the propounder of Mithakshara School of thought. He was an aestic and has written detailed treatise on Yaghnavalka srnriti which known as Mithakshara Dayabagha is based on the treatise of Jeemoothavahana. There is a basic difference between the two schools of thought with regard to succession Under the Mithakshara Law the inheritance is by survival and succession that one acquires the right to the family property by his birth and not by succession irrespective of the fact that his elders are living. Thus every child born in the family acquires right/a share in the family property. In case of self acquired property, the inheritance in by succession, that is on the death of the owner

In Dayabagha nobody acquires the right, share in the property by birth as long as the head of family is living; that is the children do not acquire any right, share in the family property, as long as his father is alive and only on death of the father, the children will acquire right share in the property.

Co-parcener

The word Co-parcener is used in relation to Hindu undivided property (joint family). The members of Hindu undivided family are called co- parceners. They are related to each other and to the head of the family.Hindu undivided family may contain many members, but members within four degrees including the head of the family (Kartha) are called co-parceners. Female members are also Co-parceners. The following is the simple example.

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