When a Hindu man dies without leaving a Will, the law decides how his property is distributed. The Hindu Succession Act, 1956 lays out a step-by-step system that determines who inherits what, based on how closely they’re related. Part 1 of this series explained Class I and Class II heirs. This blog goes further — explaining what happens when there are no heirs in those categories. It covers agnates and cognates, how the law ranks them, and who gets priority when distant relatives are the only ones left.
Agnates
An agnate is someone related to the deceased only through male relatives. The connection must be fully traced through men — it doesn’t matter if the agnate is male or female, as long as there are no females in the chain linking them to the deceased.
For example, your father’s brother’s son is an agnate. So is your brother’s son. The key is that the relationship follows a straight male line — no women in between.
Agnates can be related by blood or legal adoption. However, a relationship formed by marriage (like a daughter-in-law or sister-in-law) does not count.
Cognates
A cognate is someone who is related by blood or adoption — but the chain of connection includes at least one female.
So if you’re related through your sister, mother, or daughter, the person on the other end is a cognate. Even one female link — anywhere in the line — makes the relationship cognatic.
Cognates are considered only if there are no agnates.
For example, your mother’s brother’s daughter is a cognate. The moment a female link appears in the chain, the heir becomes a cognate.
Types of Agnates and Cognates
To understand how the law chooses between agnates and cognates, you need to look at degrees of relation. These are counted as:
- Ascendants – people above you in the family tree (like your father, grandfather)
- Descendants – people below you (children, grandchildren)
- Collaterals – relatives who branch off from your direct line (like cousins, uncles, nephews)
Every generation — going up or down — counts as one “degree.” These degrees matter when the court needs to decide who gets what.
Order of Succession
The law uses a clear set of rules to decide who inherits when it comes to agnates or cognates.
- The person with fewer (or no) degrees of ascent gets first preference.
- If the ascent degrees are the same, the one with fewer descent degrees is preferred.
- If both are equal, the property is shared equally between them.
These rules are designed to keep things objective — whoever is closer in terms of generational distance gets the estate.
Order of Succession – Scenario 1
Let’s say Mr. A passes away without a Will. He has no Class I or II heirs. There are three agnates who could inherit — Mr. C, Mr. D, and Mr. F.
In this case, Mr. D gets the full estate because he’s closest — his line doesn’t involve any upward generational steps (ascents). The others are further up the tree and therefore not preferred.
This shows how even distant relatives can inherit, but only if there’s no one closer in legal terms.
Order of Succession – Scenario 2
Now imagine Mr. A has two agnates who are equally close in terms of ascendants — both have the same number of upward links. But one of them, Mr. Z, has fewer steps downward (descendants) than the other, Ms. X.
In this case, Mr. Z inherits the entire property, because Rule 2 says that fewer descent degrees means higher priority.
So, when the upward links are tied, the law looks downward.
Order of Succession – Scenario 3
What if two agnates have exactly the same degrees of ascent and descent?
Let’s say Mr. X and Ms. Y are in that situation. Their family trees match exactly in terms of steps up and down.
In this case, the property is divided equally between them. The law treats them as equals and gives each 50%.
Order of Succession – Scenario 4
Now let’s say there are three possible heirs: Mr. X, Ms. Y, and Mr. Z. All have equal degrees of relation — same ascent and descent.
But there’s one difference: Mr. Z’s connection to the deceased runs through a woman, Mrs. G. That makes him a cognate, not an agnate.
Because agnates always come before cognates, Mr. Z gets nothing. Only Mr. X and Ms. Y inherit — they split the property between them.
This scenario highlights how just one female link can make a legal difference in who qualifies as an heir.
Final Thoughts
Most people don’t think about what happens to their property when they’re gone — especially if they don’t have immediate family. But the law has a system for every situation. Agnates and cognates come into play when no close relatives are alive.
Here’s what matters most:
- Agnates always take priority over cognates
- Degrees of ascent and descent decide who inherits
- Even if someone feels “closer” emotionally, legal distance is what counts
- Marriage links don’t qualify you — only blood or adoption
- If there’s no one left in any of the heir categories, the property goes to the government
If this sounds complicated, it’s because it is. That’s why having a valid Will in place is one of the simplest ways to avoid legal confusion — and make sure your estate goes exactly where you want it to.
