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Report No. 110

Chapter 7

Consanguinity (Sections 23 to 28)

7.1 Sections 23-28.-

Sections 23 to 28 deal with the concept of consanguinity. The scheme of the sections is logical. The applicability of the provisions of the Part having been defined in section 23, a definition of "kindered or consanguinity" is given (section 24), the basis of consanguinity being descent from the same stock or common ancestor.

The connection or relation, arising from such descent could be either lineal (section 25), or collateral (section 26). Certain rules as to the persons who, for the purpose of succession, are similarly related to the deceased, are similarly enacted in section 27. To facilitate the computation of degrees of kindred, the First Schedule provides a table, to which legislative authority is given by section 28.

It is obvious that consanguinity, being based on relationship by blood, cannot exist as between husband and wife. It is, therefore, surprising that any such argument could have been advance1 before the Madras High Court.

The provisions in these sections are not applicable to Hindus, Mohammedans, Buddhists, Sikhs, Joins and Parsees (section 23).

1. Administrator-General v. Simpson Joshi, 1902 ILR 26 Mad 532 (534).

The Indian Succession Act, 1925 Back

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