AIR 1971 PUNJAB AND HARYANA 323 ::ILR (1971) 1 PunjHar 158

Punjab And Haryana High Court

Hon'ble Judge(s): Mehar Singh , C.J. AND P. C. Jain , J

Hindu Succession Act (30 of 1956) , S.18— Expression "if the nature of the relationship is the same in every other respect" - Interpretation of - Person dying intestate - Succession - Full blood sisters exclude half-blood brothers. Hindu Law - Succession - Relation of full blood excludes half blood. According to Section 18, full blood sisters of a person dying intestate exclude half-blood brothers. The brothers and sisters fall in entry No. II of Cl. II of the Schedule and the nature of relationship of both must be taken to be the same, being the children of the father of the intestate. Looking at the scheme of the entire Act, it cannot be said that as between sisters and brothers the nature of relationship is not the same in every other respect.(Para 3) Section 18 is a substantial reproduction of the rule of Hindu Law whereby relations of the full blood are preferred to those of the half blood and lays down a rule of general applicability to heirs, male and female alike. The applicability of this rule of preference is conditioned by the words "if the nature of relationship is the same in every other respect", and all that is meant by saying that the "nature of relationship should be the same" is that they should be equally related.(Para 2 3) For the purpose of ....