Half Blood in Hindu Law

On the basis of article 15 of the Act and the above-mentioned rules of article 16 of the above-mentioned Act, only if there are no sons, daughters and husbands does it pass to the husband`s descendants, if they do not survive, it passes to the father and mother; If the father and mother are not alive, it passes to the father`s descendants, and even if this option is not available, it ultimately goes to the mother`s descendants. Since he is the brother of the deceased Gourammal, the applicant thus becomes the heir of the father. According to Article 18, other persons such as half-brothers and half-sisters born to the second wife can only be considered as half-blood brothers and sisters, pure-blood brothers must be preferred to half-blood heirs. The applicant thus becomes heir to the estate of the deceased Gourammal, since he is the thoroughbred brother. Whole blood relatives are preferable to half-blood relatives. The article does not distinguish between male heirs and heirs, provided that they are descendants of the same degree. Article 18 provides that “heirs related to a thoroughbred are preferable to heirs of half-blood if the nature of the relationship is the same in all other respects”. The article contains a rule of general applicability to male and female heirs. The words “whole blood” and “half-blood” were explained in paragraph 2(e) of the Act.

Two people are said to be related by whole blood if they descend from a common ancestor of the same woman, and half-blood if they descend from a common ancestor but different women. This rule does not apply if the competing heirs are the son of a titular brother and a half-brother or half-sister of a male intestate intestate. The brother`s son is not equally related to them in all respects. The son of the titular brother falls under entry III of class II of the list, while the half-brother and half-sister are the heirs listed in entry II and are therefore entitled to preferential treatment, whether or not they are related to the heir by half-blood. Nor had they been reasonably named as parties by the applicant, since they were not entitled to the benefits of the property of the deceased gourammal (sister) fathered by the first wife. The descendants of the second wife have the right to be heirs to the father and not to the estate of the deceased half-blood sister. The appeal was therefore allowed. The Chief District Judge`s order was dismissed and the case was remitted to the authority to issue the required certificate of succession within six weeks of the date of the order. At the beginning of each relationship line must be a man.

Therefore, it is held as Agnates. It must be remembered that Agnate`s relationship is by blood and not by marriage. The Mumbai High Court, in Vamam Govinda Shindor v. Gopal Babu Chakradeo, quashed the case of Purushottam Raman Gokhale v. Srivad Ram Chandra and held that if the question of succession arose between the real sister and the cousin sister, the real sister (thoroughbred sister) would exclude the cousin (half-blood sister). When male and female heirs have equal rank, there is no discrimination and jointly inherit and share property equally. Similarly, the Kerala High Court in Narayan v. Puspa Ranjini ruled that when it comes to thoroughbred sister and half-blood sire, the thoroughbred sister should exclude the half-blood brother. If all aspects of the relationship with the person expected to inherit remain the same, the one of biological ancestry is preferred.

Half-blood refers to those who have a common parent and the father or mother may have remarried. In this case, the biological child of the father (born to the previous wife) has the first right to the property against him. In short, the thoroughbred is preferred to half-blood relationships. With regard to section 3 of the Act, it was obvious that in order to be recognized as a thoroughbred, an individual had to be conceived by a thoroughbred father and a thoroughbred dam, where half-blood is common to the father and mothers are different individuals. Therefore, in reviewing the revelations, it was found that the thoroughbred brother of the deceased gourammark was the complainant in this case. Through his father`s second wife, he had half-brothers and half-sisters, all of whom are half-bloods. A thoroughbred maternal uncle was considered the preferred heir of a half-blood maternal uncle. The thoroughbred uncle is preferable to the half-blood uncle to inherit the property. Therefore, the estate benefit of deceased persons is only available to first-class descendants who are thoroughbred siblings. Thus, if the thoroughbred plaintiff is the brother or sister, he is entitled only to the said estate, but not to the respondent who participates in it.