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DAMMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE:

“Role of agnates and cognates under Hindu Law ’’

NAME OF THE SUBJECT:

FAMILY LAW I

NAME OF THE FACULTY

PROF. P. VARALAKSHMI

NAME OF THE CANDIDATE: M. SWETCHCHA

ROLL NO : 2019LLB089
SEMESTER : IIISEMESETER

ACKNOWLEDGMENT
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I would like to express my special thanks of gratitude to my teacher, Prof. .P.

VARALAKSHMI , who gave me the golden opportunity to do this wonderful project on the
ROLE OF AGNATES AND COGNATES UNDER HINDU LAW .”, which helped me
in doing a lot of research and I came to know about so many new things and I am really
thankful to my professor.

I am doing this project not only for marks but also to increase my knowledge. I have tried my
best to collect information about the project in various possible ways to depict the clear
picture about the given project topic.

TABLE OF CONTENTS
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 ACKNOWLEDGEMENT……………………………….2

 ABSTRACT………………………………………………..4

 SYNOPSIS………………………………………………….5

 INTRODUCTION…………………………………………7

 SECTION 3 OF HINDU SUCCESSION ACT, 1956……………………. 8

 ORDER OF SUCCESSION AMONG AGNATES AND

COGNATES………….. 10

 THE MAJORS SCHOOLS OF HINDU LAW ……………………………15

 CONCLUSION………………………………………………..24

 BIBLOGRAPHY…………………………………………..26

ABSTRACT
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SUBJECT : FAMILY LAW

TOPIC : ROLE OF AGNATES AND COGNATES UNDER HINDU LAW

INTRODUCTION :

According to the Hindu Succession Act, after the death of a male, the property is apparently
transferred to Class 1. This is specified in the operating table. Class I If not. It is transferred
to the second class. In the absence of a second class tier, assets are transferred to agnostics
and intellectuals. To whom increases the desire for knowledge. A person who is related to a
male person by blood or adoption. Agnates may be a male or a female. Cognitive is not only
the male person, this person is also related to the deceased person and they may be more than
one female.

Cognate is a person who is not fully involved with men. Where a person is associated with
the deceased by one or more women, he or she is called a cognizant. So the son or daughter
of the son, the son or daughter of the sister, the son of the mother's brother, etc., are
intelligent, while the son of the father's brother, or the son of the father's brother, or the son of
the father's son, or the daughter of the father's son, are

SYNOPSIS
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TOPIC : ROLE OF AGNATES AND COGNATES UNDER HINDU LAW.

INTRODUCTION :

According to the Hindu Heirs Act, 1956, if a Hindu male dies, his property is distributed
among the first class heirs mentioned in the table of law. If there is no first class heir, the
property is distributed among the second class heirs of the deceased. In the absence of a
second-class heir, the assets are distributed over the agnostics and intellectuals.

SCOPE OF THE PROJECT :

The scope of the project is limited to role of agnates and cognates and Hindu Sucession
act is explained in the project.

OBJECTIVE OF THE STUDY :

To know how these agnates and cognates impact the Hindu Religion and their customs.

REASERCH QUESTIONS :

 How these agnates and cognates impact on their activities ?

 Which situation these two things help to the Hindu law?
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REASERCH METHODOLOGY :

The researcher is doing doctrinal type of study in this project .

HYPOTHESIS :

There is a lot of importance of agnates and cognates in Hindu Law.

LITERATURE REVIEW :

For gathering of information regarding the topic of general principles of criminal law the
researcher would rely upon both the “ primary’’ and “ secondary” data for the research .
Mainly books and online resources would be given a major importance.

CONCLUSION :

I would like to conclude this project with the help of some case laws and I would like to
give the explanation of the agnates and cognates .
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 INTRODUCTION :

Agnate is a person who is fully contacted by men either through blood or through adoption.
The agnostic relationship can be a male or a female.

Cognate is a person who is not fully involved with men. Where a person is associated with
the deceased by one or more women, he or she is called a cognizant. So the son or daughter
of the son, the son or daughter of the sister, the son of the mother's brother, etc., are
intelligent, while the son of the father's brother, or the son of the father's brother, or the son of
the father's son, or the daughter of the father's son, are evil.

Hindu law is the oldest law in the world. Initially Hindu law was created to meet every need
and welfare of the people. Sources of Concept for Hindu Law Sruthi (Words of God), Smriti ,
customs. Coded law and uncoded law are two types of modern Hindu law. The Code of
Conduct governs every Hindu. The schools' views on Hindu law are not in the coded law,
however, it is in the coded Hindu law. The Vedas Smriti is the format of the sources on which
many scholars across India have written commentaries based on Hindu law schools.

With the development of Smriti came disagreement between commentators and interpreters.
Although various codes have been developed, there is no official position on the law. An
authority in one part of India can be accepted and completely rejected in other parts of India
Accepted persons. Completely rejected in one part of India and other parts of India.
Individuals who accept one authority will not accept other authorities. Thus, different schools
of thought appeared.

 SECTION 3 OF HINDU SUCCESSION ACT, 1956:

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i. Agnate :

one person is said to be an “agnate” of another if the two are related by blood or adoption
wholly through males;

ii. Aliyasantana law:

the system of law applicable to persons who, if this Act had not been passed, would have
been governed by the Madras Aliyasantana Act, 1949, or by the customary Aliyasantana
law with respect to the matters for which provision is made in this Act;

iii. Cognate:

one person is said to be a cognate of another if the two are related by blood or adoption
but not wholly through males.

iv. Expressions of “custom” and “use” have long been observed consistently and
uniformly and have gained the force of law among Hindus in any local area, tribe,
community, group or family. The rule is definite and not unreasonable or contrary
to public It has also provided that in the case of a rule applicable only to one
family it is not terminated by the family.

v. full blood, “half blood” and “uterine blood’’:

Two people are said to be related to each other by whole blood when they came from the
same wife by a common ancestor, and by half blood even if they came from a common
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ancestor, but by different wives. When two persons come from a common ancestor, but are
said to have been related to each other by uterine blood by different husbands.

vi. The "heir" is any person, male or female, entitled to inherit the property of a gut
under this Act.

vii. Marriage Act is a legal system applicable to persons.

viii. If this Act is not passed, who will administer the Madras Marriage Act, 1932;
Travancore Nair Act; Travancore Ezawa Act; Travancore Nanjinath Vellala Act;
Travancore Kshatriya Act; Travancore Krishnanvaka Marumakkathayi Act;
Cochin nephew law; Or the Cochin Nair Act as to what is provided for in this Act.

ix. The members of any community, mostly residing in the State of Travancore-
Cochin or Madras [as it was before November 1, 1956], if this Act is not enacted,
it is governed by what provision is made in this Act by any lineage which traces
the descent of the woman by law. But Aliyasanthana did not include the law.

x. The "Namboodri Act" is the legal system applicable to persons governed by the
Madras Namboodri Act, 1932, if this Act is not enacted; Cochin Nambudri Act;
Or the provisions of the Travancore Malayalam Brahmin Act which are provided
for in this Act.
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xi. The meaning of "related" by a proper relative. Illegal children will be considered
to be related to their mother and to each other, and their legal offspring will be
considered to be related to them and to each other; Any word that expresses a
relationship or refers to a relative will be considered accordingly. In this Act,
words rendering masculine gender shall not be taken to include women unless the
context otherwise requires it.

 ORDER OF SUCCESSION AMONG AGNATES AND COGNATES:

According to the Hindu Heirs Act, 1956, if a Hindu male dies, his property is distributed
among the first class heirs mentioned in the table of law. If there is no first class heir, the
property is distributed among the second class heirs of the deceased. In the absence of a
second-class heir, the assets are distributed over the agnostics and intellectuals.

Agnates :

It is said that even if two persons are related to each other by blood or adoption, but when
they are entirely through men, they are hurting each other. For example, a person is the worst
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of his father's brother's son. It is said that being related to blood does not mean being related
to birth. So ‘Agnate’ also includes the relationships of marriage. So the widow of a father's
brother is entitled to the torment of the deceased and his property. Similarly the daughter of a
father’s brother is a badass.

Cognates :

Two individuals are said to be related to each other by blood or adoption, but not entirely by
human beings, they are said to be intellectual to each other. For example, the son of A's
father's sister would be A's intellectual. Similarly, the son of A's brother's daughter will be
A's intellectual. Whenever a person’s relationship with another woman (or more than one
woman) interferes with any line, one is said to be intellectual to the other. Thus daughter-in-
law and daughter-in-law and son-in-law son-in-law are intellectuals.

In the absence of first-class and second-class heirs, the property of the deceased is distributed
upon his acquaintances and, if any, without his acquaintances. Therefore, when there are
agnostics, the intellectuals get no share in the property of the deceased. However, if there is
more than one Agnate or intellect, the next in line is governed by the provisions of Section 12
of The Hindu Succession Act, 1956.

12. Subsequent sequence between agnates and cognitions.

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The next sequence between agnates or intellectuals will be determined according to the rules
of choice mentioned here: -

Rule 1.-Of the two heirs, the one with the lowest or lowest rise is preferred.

Rule 2. If the number of climbing degrees is one or none, then the heir is the one with the
least or least descent.

Rule 3. -Then they have no right to give preference to any other heir under Heir 1 or Rule 2.

 Rule 1 :

Of the two heirs, the one with the lowest or lowest rise is preferred . This rule means that of
the two heirs, the one with the least or least elevation is preferred, which means that there
must be one heir or someone close to him who claims to be the descendant of the Hindu man
who died in the hernia. Option for remote queue claimant. Therefore, since the son of a son is
the descendant of the deceased, priority should be given to the son of the brother who comes
in the line of the father, which is farther away than one's own line.

Again the son of the nephew should be in the line of the father The son of the son of the
father of the brother should be given priority, he is in the line of the grandfather who is in the
distant line. The rule states that a relationship that finds its relationship with the deceased in
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the deceased's own line or in the line of a nearby ancestor must give preference to someone
who finds his relationship in the line of a distant ancestor in the male line.

 Rule 2 :

If the number of ascending degrees is one or none, then the heir is more or less desirable.
This rule, in the case of agnates or cognates, gives preference to an heir of lesser or lesser
descent, with one or none of the ascending degrees. Just as a person of the same line is closer
to a common ancestor than another relative of the same line, the former is preferred to the
latter. So the son of one father’s brother is closer to the latter than the father’s brother’s
grandson, but even if the two are in the same line, i.e. the line starting from the father’s
father.

Likewise the son of the brother should be preferred to the son of the brother of the brother,
because even if both claimants start from the father and are in the same parallel line, the son
of the brother is near or has a lesser degree of descent than the son of the brother. Likewise
the son of a son of a son of a son of a son of a son of a son of a son of a son of a son of a son
of a son of a son of a son of a son of a son of a son of a son of a son of a son of a son of a son
of a son of a son of a son of a son of a son.

 Rule 3 :
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Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take
simultaneously. Where the heirs are equal in the descent in the same line they take
simultaneously. Father’s father’s father and father’s father’s mother take equally being in the
same line; so also son’s son’s son’s daughter and son’s son’s son’s son take equally both
being in the line of the deceased and neither being nearer in descent. In the application of
these rules, there is no discrimination on the ground of sex.

It should however not be forgotten that a relation who is an agnate though in a remote degree
of ascent or descent or of both is to be preferred to a cognate who may be in a nearer degree
or nearer line or both.

 Computation of degrees:

Another question that arises is calculating degrees. Section 13 answers this question:
Calculation of degrees.

i. For the purposes of determining the next line between agnates or cognitions, the
relation is to be calculated on the basis of the levels of descent or descent, or both,
from gut to heir.

ii. The degree of ascent and descent will be calculated including the bowel.
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iii. Each generation ascends or descends to a degree.

For the purpose of determining the next line between agnates and cognitions, this relationship
may be ascending from the gut to the heir or calculated on the basis of the size of the lineage
or both. The degree of descent and descent are calculated to include the intestine. Each
generation ascends or descends to a degree.

 MAJORS SCHOOLS OF HINDU LAW :

Schools of Hindu law are commentaries and the digestives of the smritis. These schools have
widened the scope of Hindu law and explicitly contributed to its development.

The two major schools of Hindu Law :

i. Mitakshara
ii. Daya Bhaga
 How these schools came into existence :
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At first there were no Hindu judicial schools. Hindu law schools appeared when different
commentaries appeared to explain the Smritis in reference to different local customs in
1
different parts of India. Ruchputti v. In Rajendra it can be seen that different schools of
Hindu law have sprung up due to different local customs prevailing in different provinces of
the country.

The commentators of the Smritis could not ignore the local customs and practices. The texts,
therefore, they eventually incorporated local customs. Therefore, the local conditions and
customs of different provinces have gone to shape the principles of law prevailing in each
province. Madras Collector v. In the case of Mootu Randalinga 2 the Privy Council stated that
“remote sources of Hindu law (Smirudis) are common to all different schools.

This seems to be the kind of process that those schools created. Works that were universally
or more generally received became the subjects of subsequent commentaries. The
commentator put his own shine on the ancient texts, derived from one of his powers, and
contradicted another part of the Indian schools.

 Mitakshara School :

1
1839,2. M.I. A,132.

2
1 (1968) 12 MIA 397.
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Mitakshara is one of the most important schools of Hindu law. This is Smriti's running
commentary written by Yajnwalkya. The school covers the whole of India except West
Bengal and Assam. Mitakshara is very wide. The school covers the whole of India except
West Bengal and Assam. Mitakshara has a very wide range of powers. However different
parts of the country follow the law differently because they follow different customary rules.

Mitakshara is further divided into five sub-schools namely as following:

 Benaras Hindu law school

 Mithila law school
 Maharashtra law school
 Punjab law school

These law schools come under the ambit of Mitakshara law school. They enjoy the same
fundamental principle but gives preference to certain treaties and commentaries which
control the certain passage of Mitakshara.

 Benaras Hindu Law School :

This law school came under the jurisdiction of the Mitakshara Law School and covered
northern India including Orissa. Viramitrodaya, Nirvana Sindhu, Vivada are its main
commentaries.
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 Mithila Law School :

The law school exercises its power in the regional areas of Thiruhot and North Bihar. The
policies of this law school prevail in the North. The main commentaries of this school are
Vivadaratnakar, Vivadasinthamani, and Smritisara.

 Maharastra Law School :

The Maharashtra Law School has the power to exercise its jurisdiction over regional areas,
including Gujarat Karna, and areas where Marathi is spoken fluently. The principal officers
of these schools were Vyavara Mayuka, Virmitrod.

 Punjab Law School :

The law school was established mainly in East Punjab. It had established its own customs and
traditions. The main commentaries of this school were Vramithrodaya and it established the
customs.
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 Dhayabaga :

The Dayabaga school existed mostly in Assam and West Bengal. It is one of the most
important schools of Hindu law. It is considered digestive to lead Smyrtis. Its primary focus
was experimentation with sharing, inheritance and joint family. According to Kane, it was
incorporated between 1090-1130. The A.D. Dayabaga School is designed to eradicate other
absurd and artificial principles of heredity. The immediate benefit of this new digestion is
that it removes all the shortcomings and limitations of previously established policies and
adds many intellectuals to the list of heirs, which was banned by the Mitakshara School.

In Dayabhaga school, various other commentaries were followed such as:

 Dayatatya
 Dayakram-sangrah
 Virmitrodaya
 Dattaka Chandrika

 Difference between Mitakshara and Dhayabaga :

 On the basis of Succession :

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Under Midakshara, heredity is governed by the rule of harmony, i.e. blood relationship,
whereas the hereditary heredity is governed by the law of spiritual performance. Under
Midakshara, enlightenment is postponed to agnates, but under Dayabaka some
enlightenment, like the sons of a sister, is preferred to many afflictions.

This means that if a Hindu leaves his son and a daughter and dies, the daughter will be
excluded from the lineage and the son will get all the property. Similarly, if a Hindu leaves
his son and daughter-in-law and dies, the son-in-law will come next. Under modern Hindu
law, the distinction between the two major schools is no longer credible. Under the Hindu
Succession Act, 1956, there is a uniform law for all Hindus.

 On the basis of joint family :

Under Midakshara, property for the son arises by birth; So the son is the co-owner of the
ancestral property with the father. The moment a son is born in the family, the moment he
receives joint family property. Property will appear after the death of the last owner under
Dayapaka. Therefore, the son has no ancestral property during the father’s lifetime.

Under Midakshara the father has limited power to divide the ancestral property, while under
the Dayabaga school the father has full authority to divide the ancestral property. Under
Midakshara, the son can claim the division of joint family property even against the father,
whereas under Dayabaka, the father cannot seek separation against the father.
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The concept of joint family property under the Mitakshara School refers to the community of
trust and ownership of property. This disclosure means that no joint-partner can claim to have
held such a share within the joint family property prior to the division. The interest of co-
parsons varies greatly, which reduces birth and increases mortality in the family. But there is
no concept of birth under the ‘Dayabaga School’, the interest of the co-parsons remains
unchanged and is not affected by death or birth in the family. School unity is the same under
both.

 Effects of Migration :

When a person moves from one state to another, he carries with him his personal law.
However, such a family can refute the assumption by showing that it has adopted the law and
practices of the new state. For example, when a family changes, from Tamil Nadu (where the
Mitakshara law prevails) to Bengal (where the laws prevail kindly) say, the assumption that
the family should continue to be governed by the Midakshara law.

The presumption is that the family abandoned the law of its immigration (i.e. Midakshara)
and adopted the law of the state in which it settled. (I.e. Bengal).
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 CONCLUSION :

We can conclude that Hindu law is considered to be the oldest and most prosperous law in
the world. It is at every stage. It is about 6000 years old. Hindu law was established by the
people, not for the purpose of removing any crime or violation from the society, but it was
established so that the people would follow it in order to attain salvation. Hindu law was first
established so that the need of the people is met. This concept was started for the benefit of
the people. There is a double classification of the sources of Hindu law.

Schools of Hindu law are considered to be the basic source of Hindu law, which was formed
from its roots in the development of Hindu law. It is also known as the digestion of
commentaries and smritis. These schools expanded the scope of Hindu law and openly
contributed to its development. Agnate is a person who is fully contacted by men either
through blood or through adoption. The agnostic relationship can be a male or a female.

Cognate is a person who is not fully involved with men. Where a person is associated with
the deceased by one or more women, he or she is called a cognizant. So the son or daughter
of the son, the son or daughter of the sister, the son of the mother's brother, etc., are
intelligent, while the son of the father's brother, or the son of the father's brother, or the son of
the father's son, or the daughter of the father's son, are evil.
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Hindu law is nothing but the concept of Dharma, the concept of Dharma in Hindu law is not
precisely defined, but it refers to the way of life a person lives and enjoys, which includes
every aspect of his life. Everything from birth to the death of a person is added and managed
by Dharma. In other words, Dharma is sometimes said to be the guiding force for all Hindus.
It contains rules regarding the proper conduct of people, which teaches love to all and has
obligations to the community as a whole and to each individual.

Dharma is also the main law used by ancient kings, especially Hindu kings, to rule the
people. All laws passed must be in accordance with Dharma, in simple terms the king was not
above Dharma and was to rule according to Dharma. Essentially Hindu law consists of the
customs and traditions that people follow from time to time, although Hindu law was mainly
used to establish Brahmin domination as society progressed, an example of the notion of a
caste system under which the Brahmins were placed above, the kings who had real power
beneath them.

 BIBLOGRAPHY :

 www. Shareyouressays.com
 www.legalcrystal.com
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