Kinship

Kinship has to do with relationships by blood or brought about by marriage.

Types of Kinship Bonds

1. Affinal – It is a relationship based on marriage.

2. Consanguineous – It is a relationship based on blood.
Degrees of Kinship

On the basis of nearness or distance in relations three orders of relationship can be

distinguished.

1. Primary Kin – Husband - wife, Father - Son, Mother - Daughter, Father -

Daughter, Mother - Son, Younger - Elder brothers, younger - elder sisters and
sister – brother.
2. Secondary Kin – They are primary kins of the primary kins. For ex. Father’s
brother, Sister’s Husband
3. Tertiary Kin – They are secondary kins of our primary kin and primary kins of our
secondary kins. For ex. Wife of brother in law
Relationship Terminology

1. Classificatory Terminology – one which fails to distinguish all direct relatives

from collateral relatives. For ex. Term Uncle may be used for Father’s brother,
mother’s brother or mother’s sister’s husband.
2. Descriptive Terminology – is one which refers to only one relation.
Father/Mother.
Rules of Avoidance and Joking Relationship

Rules of Avoidance – Rules designed to curtail intimacy. There are three common
avoidance relationships: Brother and sister, a man and his mother in law, a woman and
her father in law.

Joking Relationship – It is reverse of avoidance rule – a socially approved and

standardized pattern of interaction. Ex. Man with wife’s younger sister or a woman with
husband’s younger brother.

Rules of Residence

1. Patrilocal Residence
 2. Matrilocal Residence
3. Matri-Parti Local Residence
4. Bio Local Residence [Near groom or bride’s residence]
5. Neo Local Residence
6. Avanculocal Residence [Groom’s mother’s brother]
Rules of Descent

1. Patrilineal Descent [Agnatic]

2. Matrilineal Descent [Utrine]
3. Bilateral Descent
Rules of Inheritance

The eldest Child inherits the position from the father – Primogeniture

The youngest Child inherits position from the father – Ultimogeniture

Only one among a group of siblings inherits their parent’s estate - Unigeniture

Two Schools of Law

1. Dayabhaga (West Bengal and Assam) – Father has full authority over property
and can even debar his son from inheritance
2. Mitaksara – A son is entitled to inherit his father’s ancestral property from the
very moment of his birth.
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Dr. Sam J. Abraham, LL.M. Ph.D.

Assistant Professor
Amity Law School – Center II
Amity University UP
Mobile: 09413706290
Mail: samjabraham@gmail.com