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Sections 12 and 13 of Hindu Succession Act, 1956: Order Among Agnates and Cognates and Computation of Degrees

Updated: 27 September 2026

Sections 12 and 13 of the Hindu Succession Act, 1956 explain how preference is determined when succession reaches agnates or cognates, and how the degrees of relationship between the intestate and an heir are counted.

In brief: Section 12 gives three rules for deciding priority between agnates or between cognates. Section 13 explains how degrees of ascent and descent are calculated. These provisions operate in the statutory scheme for intestate succession and should be read with Sections 3, 8 and the other applicable provisions of the Act.

Meaning of agnate and cognate under Section 3

For understanding Sections 12 and 13, the definitions in Section 3 are important. An agnate is a person related to another by blood or adoption wholly through males. A cognate is a person related to another by blood or adoption, but not wholly through males.

In the case of a male Hindu dying intestate, Section 8 places heirs in an order that includes relatives specified in Class I and Class II of the Schedule, followed by agnates and then cognates, subject to the provisions of the Act.

Section 12: Order of succession among agnates and cognates

Section 12 provides the rules of preference for determining the order of succession among agnates or among cognates, as the case may be.

Rule 1: Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2: Where the number of degrees of ascent is the same or none, the heir who has fewer or no degrees of descent is preferred.

Rule 3: Where neither heir is entitled to be preferred under Rule 1 or Rule 2, they take simultaneously.

How Section 12 works

The comparison first focuses on degrees of ascent. If that does not determine preference, degrees of descent are compared. If both heirs remain equal under those tests, neither receives priority over the other under Section 12 and they take simultaneously.

Section 13: Computation of degrees

Section 13 lays down the method for counting the relationship between the intestate and an agnate or cognate for the purpose of applying the preference rules.

Sub-section (1): Relationship is reckoned from the intestate to the heir in terms of degrees of ascent, degrees of descent, or both, as the case may be.

Sub-section (2): Degrees of ascent and degrees of descent are computed inclusive of the intestate.

Sub-section (3): Every generation constitutes a degree, whether ascending or descending.

What is a degree of ascent or descent?

A degree of ascent represents movement upward through generations from the intestate toward an ancestor. A degree of descent represents movement downward through generations toward the heir. Section 13 requires each generation to be counted as a degree and expressly provides that the intestate is included in the computation.

Practical point: The family relationship must first be traced accurately. The statutory counting method in Section 13 is then applied before the preference rules in Section 12 are used.

Relationship between Sections 12 and 13

Sections 12 and 13 work together. Section 13 supplies the method for calculating the relevant degrees of relationship, while Section 12 uses those calculated degrees to determine which agnate or cognate is preferred. They should not be read in isolation from the overall order of intestate succession under the Act.

Official text of the Hindu Succession Act, 1956

For the authoritative statutory text and the current consolidated Act, refer to the Hindu Succession Act, 1956 on India Code.

Note: This article explains the statutory provisions in general terms. Succession rights can depend on the facts, the identity and relationship of surviving heirs, the nature of the property, and other applicable provisions of law.