Preference in succession of a half blood brother of the deceased when the son of a full blood brother is alive

Preference in Succession: Half-Blood Brother vs. Son of Full-Blood Brother

Legal Framework

The Hindu Succession Act, 1956 governs intestate succession among Hindus.
The Act categorizes heirs into Class I and Class II, with Class I heirs taking precedence over Class II heirs.

Class I and Class II Heirs:
Class I heirs include immediate family members such as sons, daughters, and widows.
Class II heirs include brothers and sisters, among others St. Patricks Realty Private Limited VS Bhupender Singh - Punjab and Haryana Vandna Singh VS Addl. District Judge, Court No. 1, Faizabad - Allahabad.
Preference Between Full-Blood and Half-Blood Relatives:
Section 18 of the Hindu Succession Act states that heirs related by full blood are preferred over those related by half blood when the nature of the relationship is the same Nesamma Nadachi VS Muthukannu Nadar Paul Nadar - Madras Bisheshwar Mahto VS State Of Bihar - Patna.
This principle applies specifically when there is competition between heirs of the same degree of relationship to the deceased.

In a notable case, the court held that a half-blood brother has preference in inheritance over the son of a full-blood brother. The reasoning was that the half-blood brother is still categorized as a brother of the deceased, thus entitled to inherit Bhola Mirdha @ Bhola Turi VS Arjun Turi - Patna.
Conversely, another case emphasized that full-blood relatives are preferred over half-blood relatives when the relationship is of the same degree, reinforcing the hierarchy established in the Act Ramasami VS Venkatesam - Madras.

The prevailing legal principle is that a half-blood brother will inherit before the son of a full-blood brother, as the half-blood brother is still considered a direct sibling of the deceased Bhola Mirdha @ Bhola Turi VS Arjun Turi - Patna.
However, if the competition arises between a half-blood brother and a full-blood brother, the full-blood brother will take precedence Nesamma Nadachi VS Muthukannu Nadar Paul Nadar - Madras Bisheshwar Mahto VS State Of Bihar - Patna.

In cases of intestate succession involving half-blood and full-blood relatives, it is crucial to assess the specific relationships and apply the hierarchy of heirs as outlined in the Hindu Succession Act.
Legal counsel should prepare to argue based on the established preferences in the Act and relevant case law to support the client''s position in succession disputes.