By : Ami Kashyap.
Before we go through various Acts of Hind Law let’s see the meaning of few words & terms which we will see too and fro while studing the various laws and provisions of Hindu Law.
Let’s see what is Agnates & Cognates:
AGNATES:
When two persons are related to each other by blood or adoption but wholly through males, they are said to be agnates of each other…Section 3(1) (a) The Hindu Succession Act, 1956. The agnatic relation may be male or female.
For example :
You : Your Father (पिता), Father’s brother (चाचा), Grand father (दादा) , Grand grand father (परदादा) r ur agnates in ascending line.
You : Your Father brothers son (चचेरा भाई) and daughter (चचेरी बहन) r agnates in collateral line.
You : You son (बेटा) Son’s son (पोता) and daughter (पोती) r agnates in descending line.
There must be a male in the start of each line of relation. Hence, it will be held as Agnates. It must be remembered that Agnates relationship is by blood and not marriage.
COGNATES:
When two persons are related to each other by blood or adoption but not wholly through males, if the two r related through a female they are said to be cognates of each other…Section 3(1)(C) of Hindu Succession Act 1956.
For example,
You : Your father’s sister’s son would be a cognate of you. Similarly, Your brother’s daughter’s son would be your’s cognate.
Just remember a simple rule that whenever a relationship of a person with another female (or more than one female) intervenes any where in the line of relationship, one is a cognate to another. Thus the daughter’s son.
There must be a male in the start of each line of relation. Hence, it will be held as Agnates and son’s daughter’s son and daughter are cognates.
I will discuss about significance of agnets and cognates in detail when I will take the topic of Hindu Succession Act but for now I will say in brief that as per the Hindu Succession Act, 1956, where a Hindu male dies intestate his property devolves upon his heirs of Class I mentioned in the schedule to the Act. If there is no Class I successor, then the property devolves upon the Class II heirs of the deceased. If there is no Class II heir, then the property devolves upon the agnates and cognates among whom agnates are preferred over the cognates.
Full Blood
Section 3 (1)(e) of Hindu Succession Act 1956 – Two persons are said to be related to each other by full Blood when they have descended from a common ancestor by the same wife e.g full brother, full sister.
Half Blood
Section 3(1)(e) of The Hindu Succession Act 1956 – Two persons are said to be related to each other by half blood when they have descended from a common ancestor but by different wives. Thus the step brother/sister born of Father’s different wives are related to each other by half blood.
Uterine Blood
Section 3(1)(e) of The Hindu Succession Act 1956 – Two persons are said to be related to each other by Uterine blood when they are descended from a common ancestor was by her different husbands.
Thus a women having two husbands at a time or one after another giving birth to children creates relationship by Uterine blood among her children.
********
Judgements In Criminal Law 