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.
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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