What is meant by 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. Explain the terms full blood, half blood,
and uterine blood? 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. What does the
words: 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. In contrast, testamentary succession means, succeeding to the property of the deceased according to the terms of the legally valid will made
by the deceased.
What are 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 successioIJ
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 irrespecti ve 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 no body acquires the right, share in the
property by birth as long as the head offamily 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.
What is a 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.
For more details,
http://bangalore5.com/index.php
|
No comments:
Post a Comment