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What is Order of succession among agnates and cognates? What is Computation of degrees? Section 12 and 13 of Hindu Succession Act 1956

Order of succession among agnates and cognates and Computation of degrees are defined under section 12 and 13 of Hindu Succession Act 1956. Provisions under these Sections are:

 

Section 12 of Hindu Succession Act "Order of succession among agnates and cognates"

Section 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 hereunder:-

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.

 

Section 13 of Hindu Succession Act "Computation of degrees"

Section 13. (1) For the purpose 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,

(2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.

(3) Every generation constitutes a degree either ascending or descending.

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