Code: Section 18 – Hindu Succession Act
Section 18 of the Hindu Succession Act mandates that heirs related to an intestate by full blood are preferred over those related by half blood, as long as their relationship is otherwise identical.
Explanation of Section 18 – Hindu Succession Act
Section 18 ensures that the closest family members, those related by full blood, inherit before those related by half blood. Full blood means both parents are shared, while half blood refers to those who share only one parent with the deceased. This law aims to prioritize full-blood relatives in the distribution of the estate.
Illustration
Example 1: Full Blood Over Half Blood
Imagine A passes away without a will. He has a full-blooded sister, B, and a half-blooded sister, C. B shares both parents with A, whereas C shares only one parent with A. According to Section 18, B will inherit the estate before C, even if they are both siblings.
Example 2: Inheritance of Full Blood Relatives
Consider X, who has two children: Y (full-blooded) and Z (half-blooded). Since Y shares both parents with X, Y inherits the estate first, leaving Z with a lower priority despite both being the direct descendants of X.
Common Questions and Answers on Section 18 – Hindu Succession Act
1. What does “full blood” mean under Section 18?
- Answer: “Full blood” refers to relatives who share both biological parents with the deceased.
2. Does Section 18 apply to all family members in the inheritance chain?
- Answer: Yes, this rule applies to all relatives related by full or half blood, prioritizing full-blood relations.
3. Can a half-blood heir inherit over a full-blood heir?
- Answer: No. Section 18 always gives priority to full-blood heirs, ensuring they inherit before half-blood relatives.
Conclusion
Section 18 of the Hindu Succession Act ensures that heirs by full blood are always preferred over those by half blood in matters of inheritance. This provision is designed to honor the closer familial ties of full-blooded relatives.
This streamlined approach helps ensure fairness and clarity in inheritance, prioritizing those most closely connected to the deceased.
