Lesson 7
Share Calculation: Sc
This is the most complicated share calculations.
Sister Consanguenous (Sc)
- In the absence of Sf, Sc gets the share.
- She is excluded by S, SS.., F, Sf if more than 2, Sf as residuary, Bf
- Converted into residuary by D/SD, Bc
- Reduces share of M if 2 or more
Sisters Class- General Rule
- S,SS, SSS, F exclude them
- In the presence of equal male counterparts they become residuaries. E.g.. Bf & Sf and Bc & Sc. With double share to male.
- If single she gets ½
- If 2 or more than 2 they get 2/3 equally divided
- If Sf +Sc ,then Sf will get ½ and balance of 2/3 i.e. 1/6 goes to Sc
- If Sf are more than 2 then Sc gets excluded.
- In association with D or SD they become residuaries.
| Condition | Sc Share | |
|---|---|---|
| 1 | Presence of S, SS.. F | Nil |
| 2 | No S,SS,..F With TGF | Same as Sf |
| 3 | No S,SS,..F TGF With Bf | Nil |
| 4 | No S, SS, F, TGF, Bf, but Sf+ with D/SD | Nil |
| 5 | No S, SS, F, TGF, Bf, Sf With Bc | Balance with Bc 1:2 |
| 6 | No S, SS, F, TGF, Bf, D/SD With Bc | Balance with Bc 1:2 |
| 7 | No S, SS, F, TGF, Bf, Sf, Bc With D /SD |
Balance alone |
| 8 | No S, SS, F, TGF, Bf, Bc,D,SD With 1 Sf | 1/6 |
| 9 | No S, SS, F, TGF, Bf, Bc,D,SD With 2 or more Sf | Nil |
| 10 | Single Sc No S, SS, F, TGF , Bf,D,SD, Sf, Bc |
1/2 |
| 11 | 2 or more No S, SS, F, TGF , Bf,D,SD, Sf, Bc |
2/3 |
Effect of others on Sc
Sf or Bc may affect Sc advantageously or adversely sometimes.
- H, Sf, Sc, Bc – Here Bc adversely affects Sc. Both get nil
- D, SD, Sf, Sc.- Here Sf adversely affects Sc
- M, 2Sf, Sc, Bc - here Bc benefits Sc
Sc - Sum up
| Pr./Sec | Secondary Heir |
|---|---|
| Excluded by | F, TGF ?, S, SS, SSS, Bf 2Sf, Sf as residuary |
| They exclude | With D/SD Exclude BfS or lower(As residuary) |
| Share fraction | As above |
| Effect on others | Reduces share of mother |
| Effect of others | D &SD covert her into Residuary Bc converts her into Residuary |
| Effect of Awl | Share reduces |
| Effect of Radd | Eligible |
| Special occasion | With TGF |