Normally inheritance is taken by the nearest heir. An heir who is remoter in degree is excluded. But sometimes the remoter heir is allowed to claim in the right of his deceased parent who was of the same degree of relationship as the rival claimant. Then he takes along with the nearest heir. If this kind of claim is countenanced by the law, it means the law has conceded the right of representation.
In Hindu Law principle of representation has a limited application. The scope of the principle would be clear from the decision in Marudayi v. Doraisami, 30 Mad. 348. The rival claimants to the property of the deceased owner A were В (son) and D2 and D2, sons of a pre-deceased son С. В claimed that he was, entitled to the whole property as son. D1 and D2 claimed that though as grandsons, they were remoter, they could claim in the right of their father С (brother of B).
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ADVERTISEMENTS:
It was held that the doctrine of representation was applicable and that D1 and D2 together take one share while В alone would take one share. Thus, the son of a pre-deceased son of the Propositus (i.e., deceased owner) can claim the right of representation. So also the sons of a predeceased son of a pre-deceased son.
Under the Hindu Law prior to 1956 no one else could claim the benefit of the doctrine of representation.
Change Made in 1956:
Under the Act of 1956 the principle of representation has been extended. It is now applicable also to the daughter of a predeceased son, daughter of a pre-deceased son of a pre-deceased son, son of a pre-deceased daughter and daughter of a pre-deceased daughter.
ADVERTISEMENTS:
Thus, now the daughter of a pre-deceased daughter, though remoter, can claim along with a daughter. Suppose there are: one daughter and four daughters of a predeceased daughter. Then the daughter takes one share while all the four daughters of the pre-deceased daughter will collectively take one share in the right of their pre-deceased mother.
How the principle of representation is to be applied is stated in rules 3 and 4 of s. 10. Each son and daughter and each pre-deceased Son and pre-deceased daughter is taken as a distinct branch to each of which one share is to be allotted.
The share of the pre-deceased daughter is distributed among her surviving children. The share of a predeceased son is distributed among his surviving children and widow and a share is also allotted out of that share to the branch of the predeceased son of the pre-deceased son.