LEGAL TERMS USED IN HINDU SUCCESSION ACT

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Agnate and Cognate

The words agnate and cognate are accustomed delineated  lineage.

One person is alleged to be Agnate of another person, if each are connected by blood or adoption solely through males.

Cognate means that, the 2 persons are connected by blood or adoption, however not solely through males. 

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The terms origin, half blood, and uterine blood

Persons who are associated with one another and descended by a typical root by same woman are same to be connected by origin.

Persons being descendants of a typical root, however by totally different wives are same to be connected by sib. 

Persons who are descendants of common ascendent however by totally different husbands are same to be connected by uterine blood. 

Heir, Interstate; legal instrument succession

Heir may be a person, each male and feminine who is entitled to succeed to the property of deceased.

Interstate means that, someone who dies while not creating any can on the succession to his property.

Testamentary succession means that, succeeding to the property of the deceased consistent with the terms of the legally valid can created by the deceased.

Mithakshara and Dayabagha laws?

Both area unit 2 vital colleges of Hindu Law. Mithakshara law is followed by entire Asian country expect bengal that follows Dayabagha Law. Sri Vignaneswara is that the propounder of Mithakshara college of thought. He was an aestic and has written elaborated writing on Yaghnavalka srnriti that called Mithakshara Dayabagha is predicated on the writing of Jeemoothavahana. there's a basic distinction between the 2 colleges of thought with relevancy succession beneath the Mithakshara Law the inheritance is by survival and succession that one acquires the correct to the family property by his birth and not by succession regardless of the actual fact that his elders reside. so each kid born within the family acquires right/a share within the family property. Just in case of self noninheritable  property, the inheritance in by succession, that's on the death of the owner.

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In Dayabagha no one acquires the correct, share within the property by birth as long because the head of family is living; that's the youngsters don't acquire any right, share within the family property, as long as his father is alive and solely on death of the father, the youngsters can acquire right share within the property.

Co-parcener

The word Co-parcener is employed in reference to Hindu undivided property (joint family). The members of Hindu undivided family are known as co- parceners. they're related to one another and to the pinnacle of the family. Hindu undivided family might contain several members, however members among four degrees together with the pinnacle of the family (Kartha) are known as co-parceners. Female members also are Co-parceners. The subsequent is that the straightforward example.

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