quesIs a Boy's father's mama's son's daughter a Sapinda as per Hindu Law?

Is a Boy's father's mama's son's daughter a Sapinda as per the Hindu Law? Need clarity on this. Kindly advice.

 

  • ans 

    There are seven rules as regards sapinda relationship (Section 3(f) of the Hindu Marriage Act):

     

    (1) Sapinda relationship extends as far as the third generation in the line of ascent through the mother in case of both the parties.

     

    (2) Sapinda relationship extends as far as the fifth generation in the line of ascent through the father in case of both the parties.

     

    (3) Sapinda relationship may subsist only through the father, or only through the mother, for both the parties, or it may be through the father in case of one of the parties and through the mother in case of the other.

     

    (4) The line is to be traced upwards in case of both the parties, counting such party as the first generation. Thus, the generation in the line of ascent (whether third or fifth) is to be counted inclusive of the person concerned and the common ancestor or ancestress.

     

    (5) The line of ascent not restricted to a male ancestor, but covers females also. Thus, for example, a person’s father’s mother’s father, as also his father’s father, is in the line of ascent through the father. Similarly, the mother’s mother, as well as the mother’s father, is in the line of ascent through the mother.

     

    (6) Sapinda relationship includes relationship by full blood, half blood, uterine blood, as well as by adoption.

     

    (7) Sapinda relationship includes both legitimate and illegitimate blood relationships.

     

    Now based on the aforementioned principles, Boy's father's mama's son's daughter is a sapinda. 

     

    Let X be the son and Y be the daughter. Now with respect to both X and Y, we are tracing the line of ascent through the fathers. Therefore, the same shall be calculated till five generations including X and Y. In the present case the common ancestor is within 5 generations for both X and Y therefore they are sapindas of each other.

     

    Kindly contact us for any further details and action.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Property lawyers in India

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly