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CHAPTER II INTESTATE SUCCESSION · General

Section 12: Order of succession among agnates and cognates

The Hindu Succession Act, 1956

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.

Questions on this section

2 questions in 3 of our papers cite Section 12. Try these from the free papers:

  1. 1. Regarding succession among agnates and cognates under Sections 12 and 13 of the Hindu Succession Act, 1956, consider the following statements: 1. Of two heirs, the one who has fewer or no degrees of ascent is preferred. 2. Degrees of ascent and degrees of descent are computed inclusive of the intestate. 3. Where neither heir is preferred under Rule 1 or Rule 2 of Section 12, they take simultaneously. Which of the statements given above is/are correct?

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