Who is an agnate under Hindu law?

one person is said to be an “agnate” of another if the two are related by blood or adoption wholly through males; [Sec. 3(a)] • A person descended from the same male ancestor as another specified or implied person, through the male line.

Who is an agnate what are his rights in succession of a male Hindu property?

Agnates. In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males.

What is agnate law?

noun. Law. A person descended from the same male ancestor as another specified or implied person, especially through the male line. ‘the heir will be the nearest agnate’

Who are the legal heirs of a Hindu male?

The son/ daughter will still be the class 1 legal heir of the Hindu male if he dies intestate and will inherit the ancestral as well as the self-acquired property of the Hindu male.

What is Agnate and cognate?

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. Where a person is related to the deceased through one or more females, he or she is called a cognate.

Who is a person’s Agnate?

Definition of agnate (Entry 1 of 2) 1 : a relative whose kinship is traceable exclusively through males. 2 : a paternal kinsman.

Which type of property devolves by succession?

After the death of a person, his property devolves in two ways – by way of his Will, ie, testamentary, and according to the respective laws of succession, when no Will is made, ie, intestate.

What is testamentary succession?

Testamentary Succession: Where succession is govern by a testament or a will, it is called testamentary succession. Under Hindu Law, a Hindu male or female has the capability to make a will of his/her property in favour of anyone. In such cases, the property will devolve according to the will of the deceased.

Is wife a Class 1 heir?

As per the Schedule to the Indian Succession Act, 1925, for your father’s estate, the class I legal heirs would be your mother (his wife or widow), you and your siblings (if any), your father’s mother (if she is alive), widows and children of your predeceased siblings (if any), among others.

What is Coparcenership?

Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF). As per the Hindu Succession Act, 1956, any individual who is born in an HUF, becomes a coparcener by birth.

What is the opposite of Agnate?

Opposite of having similar, corresponding or related qualities or characteristics. unrelated. dissimilar. irrelevant.

What do you mean by agnate?

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. [Section 3 (I) (a) of Hindu Succession Act].

What is cognate relationship in Hinduism?

[Section 3 (1) (c) of Hindu Succession Act]. A person is said to be cognate of another if the two are related through a female/Vet/ache/a v. Subrarnania, (1921) 48 I.A. 349/’ such as sister’s son or daughter’s son. This class includes relationship by marriage.

What is the meaning of agnatic relation?

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. [Section 3 (I) (a) of Hindu Succession Act]. The agnatic relation may be male or female. It must be remembered that the relationship referred to here is relationship by blood and not by marriage.

What is Hindu Succession Act 1956?

The Hindu Succession Act, 1956 is an Act relating to the succession and inheritance of property. This Act lays down a comprehensive and uniform system which incorporates both succession and inheritance. This Act also deals with intestate or unwilled (testamentary) succession.