AIR 1963 MADRAS 255 ::1976 MadLW 109 ::(1963) 1 MadLJ254 ::ILR (1963) Mad 778

Madras High Court

Hon'ble Judge(s): S. Ramachandra Iyer , C.J. AND M. Anantanarayanan , J

(A) Hindu Succession Act (30 of 1956) , S.8, S.9— Scheme of distribution amongst heirs - Underlying principles - Agnates when preferred over coguates. The Act does manifest a distinct principle which underlies the scheme of distributions prescribed by it. It is two-fold, viz. (1) Nearness of relationship and presumed natural affection of deceased, and (2) there should be no distinction between persons standing in the same degree of relationship merely by reason of sex or by any principle of superiority of one born through a male to one born through a female. Generally speaking, the heirs in class II have been arranged in groups in accordance with that scheme. The preference of agnates over cognates is only in the contingency of there being no heirs under class I and Class II.(Para 20) (B) Hindu Succession Act (30 of 1956) , S.9, S.11— Entry - Refers to all relations under Roman numeral - Arabic numerals not significant - Brother's son cannot supersede other relations in entry IV. The word 'entry' in Ss. 9 and 11 can refer only to all that goes under a Roman numeral and not one that is denoted by the Arabic one. The groups of heirs specified in the various entries under Class II will therefore simultaneously succeed excluding only those in the....