Is 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.

 

Answer

 

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.

 


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