Hindu Law: Application and key terms: Custom, Usage, Ancestor and Ancestress, Full blood, Half blood, Uterine blood, Sapinda relationship, Prohibited Relationship, Agnate, Cognate, legitimate, illegitimate, intestate, Heir

This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law ( Calcutta University ).

 Application

Hindu law applies to :-

1. Any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a lingayat or a follower of the Brahmo, Prarthana or Arya samaj;
2. A person who is born of Hindu parents. If only one parent is a Hindu, a person can be a Hindu if he/she has been raised as a Hindu.
3. Any person who is a Buddhist Jain or Sikh by religion;
4. Any person abode in the territories to which this act extends who is not a Muslim, Christian, Parsi or Jew by religion.
5. Any person who are not governed by any other religious law will be governed by Hindu law.
6. Any person who is a convert or re-convert to the Hindu, Buddhist, Jain or Sikh religion.

Key terms 

1. Custom and Usage

The term "custom" and "usage" signify any rule which having been certainly, continuously and uniformly observed for a long period of time and has obtained the force of law among Hindus in any local area tribe,community, group or family. It should not be unreasonable, immoral and must not be opposed to public policy and law.

2. Ancestor and Ancestress

"Ancestor" includes father and "Ancestress" includes mother.

3. Full blood 

Two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife. When the father and mother of two persons are same, they are related to each other by full blood. the children of same parents are children by full blood. Example: brothers or sisters or a brother and a sister. In common parents they are known as the real brothers or real sisters.

4. Half blood

Two persons are said to be related to each other by half blood when they are descended from a common ancestor but by different wives. When two 2 person have the same father but different mothers they are related to each other by half blood. 

5. Uterine blood

Two person are said to be related to each other by uterine blood when they are descended from a common ancestors but by different husbands.

when persons have the same mother but different father they are said to be related by uterine blood.

6. Sapinda relationship

When two persons offers 'pinda' to the same ancestor they are sapindas to each other. "Sapinda relationship" with reference to any person extend as far as the third generation in to save in the line of ascent through the mother and the 5th inclusive in the line of ascent through the father the line being traced upward in each case from the person concerned who is to be counted as the first generation. Two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them.It also include relationship by half or future uterine blood as well as by full; illegitimate blood relationship as well as legitimate; relationship by adoption as release by blood.

7. Degrees of prohibited relationship

Two persons are said to be within the degrees of prohibited relationship if one is a lineal ascendant of the other; or if one was the wife or husband of a lineal ascendant or descendant of the other or if one was the wife of the brother or of the father's or mother's brother or of the grandfather solvent mother's brother of the other; or if who are you brother and sister, uncle and niece, aunt and nephew, aur children of brother and sister or of two brothers or of two sisters. It also include relationship by half or future uterine blood as well as by full; illegitimate blood relationship as well as legitimate; relationship by adoption as release by blood.

8. Agnate

When a person is related with other person by blood or adoption wholly through males, then they are agnate of each other. Like brother brother's son, son's son, son's son's son, father's father, etc. The agnetic relation may be a male or a female.

9. Cognate

One person is said to be Cognate of another if the two are related by blood or adoption by not wholly through males. where a person is related to the deceased through one or more females he or she is called a cognate. Like son's daughter's son or daughter, sister's son or daughter, mother's brother's son, etc. 

10. Legitimate and illegitimate

A person who is born within a lawful wedlock is legitimate and he or she is related to his or her parents by legitimate relationship. A person born outside the lawful wedlock is a legitimate and he or she is related to his or her parents by a legitimate relationship. Legitimate relationship is recognised with father and illegitimate relationship is recognised to the mother.

11. Intestate

When a person dies without making a will of his or her assets, that person is known as intestate.

12. Heir

Heir means any person male or female who is entitled to succeed to the property of an intestate.

___________________________________________

References:

• The Hindu Marriage Act 1955.
• The Hindu Succession Act 1956.
• Dr. Paras Diwan's Modern Hindu Law, published by Allahabad Law Agency, Reprint -2017, 2018.