Consanguinity | Family Law - CLAT PG PDF Download

Application of Part

• This part does not apply to any will made or intestacy occurring before January 1, 1866.
• It also does not apply to intestate or testamentary succession of property belonging to Hindus, Muhammadans, Buddhists, Sikhs, Jainas, or Parsis.

Kindred or Consanguinity

• Kindred or consanguinity refers to the relationship between individuals who are descended from the same ancestor or stock.

Lineal Consanguinity

• Lineal consanguinity exists between two individuals when one is directly descended from the other. This includes relationships such as a man and his father, grandfather, great-grandfather (ascending line), or a man and his son, grandson, great-grandson (descending line).
• Each generation represents a degree, whether ascending or descending.
• For example:
• A person’s father and son are in the first degree of relation.
• A person’s grandfather and grandson are in the second degree.
• A person’s great-grandfather and great-grandson are in the third degree, and so on.

Collateral Consanguinity

• Collateral consanguinity exists between two individuals who are descended from the same ancestor or stock, but neither is in a direct line from the other.
• To determine the degree of kindred between a collateral relative and a deceased person, you need to:
• Count upwards from the deceased to the common ancestor (stock).
• Count downwards from the common ancestor to the collateral relative.
• Each person counted, both upwards and downwards, represents one degree.

Distinctions in Succession

• There is no distinction in succession based on the following criteria:
• (a) Relation through father or mother.
• (b) Relation by full blood or half blood.
• (c) Birth during the lifetime of the deceased or conception at the time of death followed by subsequent birth.

Degrees of Kindred: Computation Method

Degrees of kindred are calculated according to the guidelines provided in the table of kindred outlined in Schedule I.

Illustration

• When considering the relatives of a person and his cousin-german (or first cousin), as per the table, they are related in the fourth degree.
• This is determined by:
  • One degree of ascent to the father.
  • Another degree of ascent to the common ancestor, the grandfather.
  • One degree of descent to the uncle.
  • Another degree of descent to the cousin-german.
• In total, this adds up to four degrees of relation.