Legal Version
(6) Order of successions among agnates and cognates- sec .12
The order of succession among agnates or cognates, as the case
may be, shall be determined in accordance with the rules of preference laid
down here under -
Rule 1 -
Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2 - Where the number of
degrees of ascent is the same or none that heir is preferred who has fewer or
no degrees of descent.
Rule 3 -
Where neither heir is entitled to be preferred to the other under Rule 1 or
Rule 2 they take simultaneously.
Simplified Version
(6) Order of successions among relatives of father and
mother - Sec. 12
agnates - relatives from father side.
cognates - relatives from mother side.
The order of succession among agnates or cognates, as the case
may be, shall be determined in accordance with the following rules of
preference:
Rule 1 -
Of two successors, the one who has fewer or no degrees of ascent (upward
relatives - e.g father, grandfather etc.) is preferred.
Rule 2 -
Where number of degrees of ascent is the same or more that heir is preferred
who has fewer or no degrees of descent (downward relatives - e.g son, grandson
etc.)
Rule 3 -
If the successors are both equally preferred under Rule 1 or Rule 2 they take
divide the share of property equally.
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