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UNDERSTANDING AGNATES COGNATES AND COLLATERALS AS PER HINDU SUCCESSION ACT 1956

UNDERSTANDING AGNATES, COGNATES, AND COLLATERALS AS PER HINDU SUCCESSION ACT, 1956

Under the Hindu Succession Act, 1956, the terms Agnates, Cognates, and Collaterals refer to different categories of relatives that are used to determine the order of inheritance.

  • Agnates: Relatives connected solely through male lineage. They have the highest priority for inheritance under Hindu law. Examples include a father, full brothers, and their descendants.
  • Cognates: Relatives connected through both male and female lines. They come after agnates in the order of succession. Examples include maternal relatives and siblings.
  • Collaterals: Relatives connected through a common ancestor but not directly in the line of descent. They have the lowest priority. Examples include siblings of the deceased and their descendants.

Here is a detailed comparison in tabular form:

Criteria Agnates Cognates Collaterals
Meaning Relatives related through male lineage (patrilineal). In agnatic relations, the connection is through the male line only. Relatives related through both paternal and maternal lineage (bilateral). Includes relatives on both father’s and mother’s sides. Relatives related through a common ancestor but not directly in the line of descent, i.e., siblings of the deceased.
Preference in Succession Agnates have precedence over cognates in the order of inheritance. Cognates are considered after agnates but before collaterals. Collaterals are considered last in the order of succession.
Examples – Full brothers and their descendants.
– Father, grandfather, and paternal uncles.
– Male descendants of these relatives.
– Siblings and their descendants.
– Maternal uncles and aunts.
– Any other relatives of the deceased, including maternal relatives.
– Siblings of the deceased.
– Their descendants (nephews, nieces).
– Cousins who are not direct descendants of the deceased’s parents.
Legal Status Agnates have the highest priority in succession. Cognates have a secondary priority, considered only after agnates. Collaterals have the lowest priority among these categories.

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