Lineal Descendant
Legal definition for Indian law research
Definition
Lineal descendant, Lineal descendant would mean the offspring of lawful marriage and not offspring of union which is not that of husband and wife. The plain meaning of lineal descendant is one who is in the blood stream of the ancestral such as child or grandchild of the remotest degree. There cannot be any other meaning of this word, Sunderlal Chourasiya v. Jejila Chourasiya, AIR 2004 MP 138. [see Hindu Succession Act 30 of 1956, s. 8; Succession Act 39 of 1925, ss. 107, 109]
The term 'lineal descendants' is not restricted to male descendants. But is wide enough to include all descendants, male and female, Bhimnath Missir v. Sm. Tara Dai, AIR 1929 PC 162.
The terms 'lineal consanguinity' and 'lineal descent' have been defined in Whartoris Law Lenicon, 14th Edn., Second India Reprint 1994 as: 'Lineal Consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson. Lineal Descent, the descent of an estate from ancestor to heir in right line.' Consanguinity, or kindred, the connection or relation of persons descended from the same stock or common ancestor it is either lineal or collateral. Lineal is that which subsists between persons, of whom one is descended in a direct line from the other, as between son, father, grandfather, great-grandfather, and so upward in the direct ascending line, or direct descending line. Collateral agree with the lineal in this, that the descend from the same stock or ancestor, but differ in this, that they do not descend one from the other. Similarly, the 'descent' is lineal if it goes from mother to daughter, and grand-daughter, and great grand-daughter, because here also, it is in a right line without any deviation, Karnail Singh v. Mohinder Kaur, AIR 2003 P&H 135. [Succession Act (39 of 1925), ss. 105, 106 and 109].
The term 'lineal descendants' is not restricted to male descendants. But is wide enough to include all descendants, male and female, Bhimnath Missir v. Sm. Tara Dai, AIR 1929 PC 162.
The terms 'lineal consanguinity' and 'lineal descent' have been defined in Whartoris Law Lenicon, 14th Edn., Second India Reprint 1994 as: 'Lineal Consanguinity, that relationship which subsists between persons descended in a right line, as grandfather, father, son, grandson. Lineal Descent, the descent of an estate from ancestor to heir in right line.' Consanguinity, or kindred, the connection or relation of persons descended from the same stock or common ancestor it is either lineal or collateral. Lineal is that which subsists between persons, of whom one is descended in a direct line from the other, as between son, father, grandfather, great-grandfather, and so upward in the direct ascending line, or direct descending line. Collateral agree with the lineal in this, that the descend from the same stock or ancestor, but differ in this, that they do not descend one from the other. Similarly, the 'descent' is lineal if it goes from mother to daughter, and grand-daughter, and great grand-daughter, because here also, it is in a right line without any deviation, Karnail Singh v. Mohinder Kaur, AIR 2003 P&H 135. [Succession Act (39 of 1925), ss. 105, 106 and 109].
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.