Sapinda relation in Hindu family for ancestral property. I have some confusion about the sapinda relation. My father and me are want to get share in the ancestal property but the court is adament to reject our plea on the ground that we do not come under the concept sapinda as explained in the Mitakshra Law of inheritance. Now please advice what is sapinda and how to claim our share?
Asked from: Uttar Pradesh
In Mitakshara school of law, “sapinda” refers to a person’s relatives who are connected through the line of ascent or descent, as well as those who are connected through the line of ascent of the father and the line of ascent of the mother. The concept of sapinda is important in matters such as marriage and inheritance, where restrictions may be imposed on relationships within a certain degree of sapinda to prevent incestuous unions and maintain social order. The exact rules regarding sapinda relationships may vary depending on specific cultural and legal interpretations within different regions.
In Mitakshara law, the concept of sapinda is closely linked to the inheritance of ancestral property. Sapinda relatives are those who are connected through the line of ascent or descent, as well as through the line of ascent of the father and the line of ascent of the mother.
When it comes to the inheritance of ancestral property, the law often imposes restrictions on who can inherit based on sapinda relationships. In many cases, only sapinda relatives are entitled to inherit ancestral property, while those outside the sapinda relationship may not have a legal claim to the property.
Additionally, there may be specific rules regarding the order of inheritance among sapinda relatives, with closer relatives typically having priority over more distant relatives. These rules help maintain the integrity of family property and ensure that it remains within the family lineage.
Overall, the concept of sapinda is significant in determining inheritance rights and the transmission of ancestral property within the framework of Mitakshara law. For more legal help please visit Kanoon India.
