Section 3 of HSA : Section 3: Definitions And Interpretation

HSA

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Explanation using Example

Imagine a situation where an Indian Hindu man, named Ravi, passes away without leaving a will. He is survived by a son, a daughter, and a brother. Under the Hindu Succession Act, 1956, Ravi is considered to have died "intestate," which means he did not make a legally enforceable will for his property (Section 3(g)).

Now, the property Ravi owned must be distributed according to the Act. His son and daughter are considered "heirs" (Section 3(f)) and will have a right to inherit the property. Ravi's brother may also have a right to a share, but this would depend on the specific rules of succession, which prioritize children over siblings.

Furthermore, since Ravi's children are related to him by "full blood" (Section 3(e)(i)), meaning they share the same parents, they have a stronger claim to the inheritance than relatives of "half blood" or "uterine blood" might have.

The terms "agnate" and "cognate" (Section 3(a) and (c)) could also become relevant if the succession involves distant relatives. Agnates (related wholly through males) generally have precedence over cognates (not wholly through males) when it comes to inheritance.

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