Section 13 of The Hindu Succession Act, 1956
- (1)For the purposes of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be.
- (2)Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.
- (3)Every generation constitutes a degree either ascending or descending.
Summary
- This section explains how to calculate the degrees of relationship between the deceased person and an agnate or cognate heir.
- It states that relationships are counted starting from the deceased person to the heir in terms of steps going up, down, or both.
- It specifies that the deceased person themselves must be counted as the first degree or step in the calculation.
- It defines every single generation in the family tree as constituting one degree of relationship.
Practical examples
FAQ
1. How are generations counted under Section 13 of the Hindu Succession Act, 1956?
Under Section 13 of the Hindu Succession Act, 1956, every generation in the family line is counted as one degree, whether ascending or descending, always including the deceased person as the first degree.
2. Is the deceased person included when calculating degrees under Section 13 of the Hindu Succession Act, 1956?
Yes, under Section 13 of the Hindu Succession Act, 1956, the degrees of ascent and descent must be computed inclusive of the deceased person who died without a will.
3. What kinds of degrees are counted under Section 13 of the Hindu Succession Act, 1956?
Under Section 13 of the Hindu Succession Act, 1956, relationship degrees are calculated in terms of degrees of ascent, degrees of descent, or both combined.
Test yourself
Q1.Under Section 13 of the Hindu Succession Act, 1956, which of the following is true regarding how degrees of relationship are computed?
Q2.Under Section 13 of the Hindu Succession Act, 1956, what constitutes a single degree?
Q3.Under Section 12 and Section 13 of the Hindu Succession Act, 1956, if Heir A has two degrees of ascent and one degree of descent, and Heir B has two degrees of ascent and two degrees of descent, who is preferred?
Q4.Under Section 13 of the Hindu Succession Act, 1956, how is a relationship calculated if it involves both going up to a common ancestor and then down to the heir?