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Issue ID: 980
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Meaning - "sapind relationship"

Date 16 Dec 2008
Replies 1 Reply
Views 2478 Views
Sapind relationship confirms children of a daughter are lineal descendants for ascendant/descendant classification irrespective of religion.
Sapind relationship determines lineal descent by reference to generational bounds on paternal and maternal lines; children of a daughter are therefore treated as lineal descendants of their grandparents when a common blood ancestor exists, and this classification is applied irrespective of the parties' religion, with a recommendation that statutory clarification would reduce uncertainty. (AI Summary)

his daughter D - daughters son DS and daughters daughter DD. Whether, DS and DD (children of daughter) will be considered linealy descendent of Mr. A or Mrs. A? In Hindu Marriage Act,1955 vide Expl for clauses (C) and (d) we find that "ancestor" includes father and "ancestress" includes mother in relation to "full blood", "half blood" and "uterine blood" relationship of brother and sister. As per meaning of "Sapind relationship" as given in S. 3 (f) the relationship from fathers side extend upto fifth generation of ascendents and in line of mother upto three generation of mothers ascendents. If a person is considered as "Sapind" if the other is ascendent in the aforesaid limit or if they have a common ascendent within such limit fof five or three generations. In view of "sapind relationship" DS and DD are Sapind of Mr. A and Mrs A. View can be taken that if mother is ancestress, grand mother (nani) is also ancestress.

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