Dayabhaga Succession

Three classes of heirs Sapindas; Sakulyas; and Samanodokas. The Sapindas succeed before the Sakulyas, and the Sakulyas succeed before the Samanodokas.

Sapindas A Hindu governed by Dayabhaga law is the Sapinda- of those to whom he is bound to offer a pinda while he is alive;

2) of those who, on his death, are bound to offer a pinda to him;

Ancestors= his three immediate paternal ancestors and his 3) of those who are bound to offer a pinda to the ancestors to whom he is bound to offer a pinda; Ancestors= his three immediate paternal ancestors and his three immediate maternal ancestors They may be divided into four groups: Group-1

Group-2

Group-3

Group-4

Female Sapindas Five female Sapindas:

Sakulyas A Hindu is the sakulya: Sakulyas are all males. Of those to whom he is bound to offer pinda-lepa while he is alive( fourth, fifth and sixth paternal male ancestors);

2) of those who on his death are bound to offer pinda-lepa to him( fourth, fifth and sixth male descendants in the male line);

3) of those who are bound to offer pinda-lepa to those whom he offers the pinda lepa;(six male descendants in the male line of the fourth, fifth and sixth paternal male ancestors, and the fourth, fifth and sixth male descendants in the male line of his father, grandfather and great-grandfather)

Samanodokas A Hindu is the samanodokas: Of those to whom he is bound to offer libations of water; Of those who on his death are bound to offer libations of water on him; and Of those who are bound to offer libations of water to those whom he offer the libations. The samanodokas like sakulyas are all males.

Principles governing precedence among sapindas (1) Those who offer a pinda to the deceased are preferred to those who accept it from the deceased

Relations to whole blood are preferred to those of the half blood (2) Those who offer oblations to both paternal and maternal ancestors are preferred to those who offer oblations only to paternal ancestors Relations to whole blood are preferred to those of the half blood Mother Father Brother Deceased Brother

(3) Those who offer a pinda to the paternal ancestors of the deceased are preferred to those who offer to his maternal ancestors. M. Grandfather Grandfather M. Uncle Mother Father Uncle Deceased Son

(4) Those who offer a larger number of cakes of a particular description are preferred to those who offer a lesser number of cakes of the same description; and

(4) contd. Where the number of such cakes are equal, those who offer them to nearer ancestors are preferred to those who offer them to more distant ancestors. Great-Grandfather Grandfather Father Brother Nephew Uncle Deceased Grandnephew

Principles of precedence among Sakulyas and Samanodakas They are governed by the principles similar to those of Sapindas

Order of succession among sapindas *Sapindas ex parte materna do not succeed until after sapindas ex parte paterna. *The only five female heirs recognized by Guru Gobind v Anand Lal (1870); they succeed by virtue of special texts. Sapindas ex parte paterna Sapindas ex parte materna Nos. 1-32 Except the five females: Widow(4), Daughter(5), Mother(8), Paternal grandmother(14), and Paternal great-grandmother(20) Nos. 33-53

Order of succession among sapindas 1 Son 13 Paternal grandfather 2 Grandson 14 Paternal grandmother 3 Great-grandson 15 Paternal uncle 4 Widow 16 Paternal uncle’s son 5 Daughter 17 Paternal uncle’s son’s son 6 Daughter’s son 18 Father’s sister’s son 7 Father 19 Paternal great-grandfather 8 Mother 20 Paternal great-grandmother 9 Brother 21 Paternal granduncle 10 Brother’s son 22 Paternal granduncle’s son 11 Brother’s son’s son 23 Paternal granduncle’s son’s son 12 Sister’s son 24 Father’s father’s sister’s son

8 cognate relations 25 Son’s daughter’s son 26 Son’s son’s daughter’s son 27 Brother’s daughter’s son 28 Brother’s son’s daughter’s son 29 paternal uncle’s daughter’s son 30 Paternal uncle’s son’s daughter’s son 31 Paternal granduncle’s daughter’s son 32 Paternal granduncle’s son’s daughter’s son

Maternal relations 33 Maternal grandfather 40 Maternal great-grandfather’s grandson 34 Maternal uncle 41 Maternal great-grandfather’s great-grandson 35 Maternal uncle’s son 42 Maternal great-grandfather’s daughter’s son 36 Maternal uncle’s son’s son 43 Maternal great-great-grandfather 37 Maternal sister’s son 44 Maternal great-great-grandfather’s son 38 Maternal great-grandfather 45 Maternal great-great-grandfather’s grandson 39 Maternal great-grandfather’s son

Maternal relations contd. 46 Maternal great-great-grandfather’s great-grandson 50 Maternal great-grandfather’s son’s daughter’s son 47 Maternal great-great-grandfather’s daughter’s son* 51 Maternal great- grandfather’s son’s son’s daughter’s son 48 Maternal grandfather’s son’s daughter’s son 52 Maternal great-great- grandfather’s son’s daughter’s son 49 Maternal grandfather’s son’s son’s daughter’s son 53 Maternal great-great- grandfather’s son’s son’s daughter’s son *not an heir under Dayabhaga law, but an heir under Mitakshara law

Priority amongst daughters Unmarried daughter; Married daughter with male issue; Daughters barren or widows without male issue or are mothers of daughters only are excluded from inheritance. Unchaste daughter does not inherit the father. However, once vested, does not divest for subsequent unchastity. Daughter’s son’s son is not an heir. Oblation ceases with the daughter’s son.

Order of succession among sakulyas and samanodakas Failing all sapindas, the inheritance passes to sakulyas; and Failing all sapindas and sakulyas, the inheritance passes to samanodakas. *The order to be deduced from the rules same to as sapindas.

Preceptor, disciple and fellow-student On failure of all the heirs, his preceptor, disciple and fellow student are in their order entitled to the estate. If there is none of these, inheritance passes to the members of the same gotra. On failure of all these , the government takes the property by escheat*. *The power of a state to acquire title to property for which  there is no owner.