Hindu Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 13 of Hindu Succession Act: Computation of degrees
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)For the purpose of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be.
(2)Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.
(3)Every generation constitutes a degree either ascending or descending.
Legal Commentary & Landmark Judgments: Section 13
Section 13 prescribes the statutory mathematical method for computing degrees of ascent and descent among agnates and cognates under the Hindu Succession Act.
Computation of Ascent: Degrees of ascent are computed by tracing upwards from the intestate to the common ancestor, counting each generation as one degree, with the intestate counted as degree one.
Computation of Descent: Degrees of descent are computed by tracing downwards from the common ancestor to the heir, counting each generation as one degree.
Cumulative Sum Rule: The total degree of relationship between the intestate and the collateral heir is the cumulative sum of degrees of ascent and degrees of descent minus one.
Key Landmark Precedents:
Eramma v. Veerupana (1966) 2 SCR 626: The Supreme Court analyzed the generational counting method in Section 13, confirming that collateral succession depends strictly on mathematical degrees of genealogical proximity.
Sant Ram v. Labh Singh AIR 1965 SC 314: Affirmed that statutory degree computation eliminates shastric pinda-offering doctrines in determining collateral heirship.
Courtroom Practice & Strategic Litigation Guidance:
In collateral succession disputes, prepare an annexure to the plaint displaying the mathematical degree calculation under Section 13 to demonstrate that the claimant possesses fewer ascending or descending steps than rival claimants.
Legal Commentary & Landmark Judgments: Section 13
Section 13 prescribes the statutory mathematical method for computing degrees of ascent and descent among agnates and cognates under the Hindu Succession Act.
In collateral succession disputes, prepare an annexure to the plaint displaying the mathematical degree calculation under Section 13 to demonstrate that the claimant possesses fewer ascending or descending steps than rival claimants.