In what cases and to what extent is the rule of primo geniture observed by the Hindus?

Rule of primogeniture:

Only in the succession to im­partible estate the rule of primogeniture is observed, by which the eldest male member among a particular class is to hold the property alone to the exclusion of the others. The question be­comes difficult in respect of succession to ascendants other than the father, and to collaterals.

Image Source: images.slideplayer.com

In determining the question of succession we have to see which the preferable line is and who among that line the preferable heir.

Primogeniture is of two kinds:

Lineal and ordinary. In lineal Primogeniture the eldest line is preferred; while in ordinary one the estate is to go to the male agnate who is nearest to the com­mon ancestor.

Thus, if the last holder of the estate, dies leaving a a younger son C, and two grandsons D and E by his Predeceased eldest son B, B (predeceased) the estate would go to D if lineal primogeniture governs to family but if p g the family is governed by ordinarily primogeniture C the nearer in degree to A than D would have the estate. Whether the primogeniture is to be lineal or ordinary in a particular case depends on custom.

In the absence of the custom, the rules which govern the succession to partible estate, also govern the impartible estates.

After determining the line we shall have to select the particu­lar heir. Ordinary the eldest among the heirs is to be selected. The eldest is he who is born first, though by the junior wife. [Ramala- kshmi v. Shivanatha, 14 M.I.A. 507], Sometimes the son of a senior wife is preferred by custom.

The senior wife is one who is married first. But the custom must be ancient, continuous and established by clear evidence. Females may inherit because there is no inconsistency between a custom of impartibility and the right of females to inherit. Among widows the senior widow would alone succeed. Among daughter’s son of the eldest would take, though he is the son of a younger daughter.

Since the impartible property is not subject to partition among the members it is recognised by the custom that the eldest among the heirs could inherit it. For the management and the administra­tion of the estate it is necessary that the estate should be impart­ible.