section 3
Definitions and interpretation.
Jammu and Kashmir Hindu Succession Act, 1956— (1) In this Act, unless the context otherwise requires,— (a) "agnate"—one person is said to be an "agnate" of another if the two are related by blood or adoption wholly through males; (b) "cognate"—one person is said to be a cognate of another if the two are related by blood or adoption but not wholly through males; (c) the expressions " customs" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule for certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it lias not been discontinued by the family: (d) "full blood", "half blood" and "uterine blood"— (i) two persons arc said to be related to each other by full blood when they are descended from a common ancestor by the same wife, and by half blood when they are descended from a common ancestor but by different wives; (ii) two persons are said to be related to each other by uterine blood when they are descended from a common ancestress hut by different husbands; Explanation. —In this clause "ancestor" includes the father and "ancestress" the –mother; (e) "heir" means any person, male or female, who is entitled to succeed to the property of an intestate under this Act; (f) "intestate"—a person is deemed to die intestate in respect of property of which he or she has not made a testamentary disposition capable of taking effect; (g) "related" means related by legitimate kinship: Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly. (2) In this Act, unless the context otherwise requires, words importing the masculine gender shall not be taken to include females.
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