12. Order of succession among agnates and cognates.-

The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:

Rule 1- Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2.- Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

Rule 3.- Where neither heirs is entitled to be preferred to the other under

Rule 1 or Rule 2 they take simultaneously.

COMMENTS

Succession among agnates and cognates

The number of cognates is larger than the number of agnates as the agnate traces his relationship to the propositus wholly through males, while a cognate is not required to trace his or her relationship with the propositus wholly through males. Held that after the failure of class I and class II heirs, the respondents being agnates should inherit instead of cognates; Prabhu Dayal v. Suwa Lal, AIR 1994 Raj 149.