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Showing contexts for: Collateral consanguinity in Raj Kumari Sharma vs Rajinder Nath Dewan And Ors. on 25 March, 1987Matching Fragments
(30) Thus the serious question to be decided in this case and which indeed is a high vexed and controversial one is as to what is the meaning "of a particular degree of kindred". The main Section 111 deals with described class of persons while the Exception deals with the class of persons described as standing in a particular degree of kindred to a specified individual. Mr. M.C. Bhandare's submission is that the son and four daughters of Ram Nath are his legal heirs forming a class of persons within the meaning of Exception as admittedly they are described as standing in a particular degree of kindred i.e. 'blood relations' to a specified individual, namely, legal heirs of Ram Nath. They are all first degree heirs according to Hindu Law of succession. According to Mr. Arun Mohan, the Exception applies only where there is a bequest to a (1) class of persons, (2) described, (3) as standing in a particular degree kindred and (4) to a specified individual, then and then alone the Exception will apply. We have already held that the bequest under the Will is to a class of persons. The second requirement of described is also met in the Will. It is described in the words of the testator in the Will that "The property will go to the legal heirs of the testator". The fourth condition of a specified individual is also fulfillled by specification of the word "testator". The moot question is only a particular degree of "kindred". According to Mr. Arun Mohan, the word "kindred" means male blood relations and it is not synonymous with heirs. By the term "kindred" it may mean blood relations, say, children, sisters, brothers etc. and when it said "degree,.....to a specified individual", the class is narrowed down. It is only to such a narrowed class specification that the Exception applies. Reliance is .placed on Section 24 of the Succession Act which defines kindred or consanguinity as the connection or relation of persons descended from the same stock or common ancestor. Reference is also made to Section 25 defining the lineal consanguinity Section 26 defining the collateral consanguinity, Sections 27, 28 and Schedule I to the Succession Act. Hypothetical pedigree tables are given to support the arguments. Reliance is also placed on Section 93 and on Section 112 which carries to it a similar Exception as of Section 111 and the illustration. It is urged that before the Exception can apply, firstly the class must be one of kindred as specified in schedule 1 and secondly, it must be standing in a particular degree. The submission is that all the four requirements or grounds contained in Exception to Section 111 are necessary to enable the plaintiff to obtain a share in the distribution of the 'estate and none of which is satisfied in the present case. We are unable to accept these.