Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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 4 Replies

Shree. ( Advocate.)     06 June 2009

When a person traces his relationship to the propositus wholly through males, he is an agnate. His s*x or the s*x of the propositus is immaterial.

Agnates fall in three classes:
(a) descendant agnates,
(b) ascendant agnates, and
(c) collateral agnates.
Descendant Agnates.-
    S, SS, SSS, SSSD, SSSS of a person are all decandant agnates. S, SS and SSS are in class I. We are not concerned with them here. But SSSD and SSSS are the agnates who are not included in class I or class II and with them we are concerned here. For descendent agnates there is no limit as to degrees, howsoever remote they may be. Thus, all descendants of SSSS through males will also be agnates. Descendants have only degrees of descent.
Ascendant Agnates.-
    Intestate’s F, FF, FFM, and FFF are all ascendant agnates. But F and FF are already in Class II (in categories I and V respectively) and therefore we are not concerned with them here. FFM and FFF are the nearest agnate descendants after F and FF. All ascendants through males will also be ascendant agnates there being no limit of degrees. Ascendants have only degrees of ascent.
 Collateral Agnates. -
Collaterals are descendants in the parallel lines. They may be on the maternal side or they may be paternal side.
1 Like

Y V Vishweshwar Rao (Advocate )     06 June 2009

Thanks Mr Sree

A V Vishal (Advocate)     06 June 2009

A person is said to be the agnate of another if the two of them are related by blood or adoption entirely or wholly through males [Section 3(1)(a)]. What is to be noted is that agnates of the intestate do not include widows of lineal male descendants because the definition of agnates does not include relatives by marriage but only relatives by blood or adoption. Since these widows would be relatives by marriage hence they will not fall under the definition of agnates and hence, they will not be entitled to inherit in this capacity. Moreover, there is no limit to the degree of relationship by which an agnate is recognized. Hence, an agnate however remotely related to the intestate may succeed as an heir. Also, this relationship does not distinguish between male and female heirs. There is also no distinction between those related by full and half blood. However, uterine relationship is not recognized.

1 Like

Y V Vishweshwar Rao (Advocate )     06 June 2009

Thanks  Mr Vishal

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