Per Capita vs. Per Stirpes - Inheritance by grandchildren is generally determined by whether they take per capita or per stirpes. Several court decisions (e.g., Dias, 1907; Ratnapura, 1889; Nanduwa, 1903) establish that when all heirs are equally near in degree, inheritance is typically per capita unless expressly provided otherwise. In cases involving grandchildren, courts have consistently held that they inherit per stirpes, especially when the deceased's children predeceased them (e.g., Dias, 1907; Ratnapura, 1889). ["WISE v. MUNIAREM"], ["MOHOTIHAMY v. ALNINONA"], ["SILINDUHAMY et al. v. MOHOTTIHAMY et al."], ["NANDUWA v. PUNCHIRALA"], ["VANDERSTRAATEN v. EATON"], ["MURUGUPILLAI v. POOTHATAMBY"]
Kandyan Law - In Kandyan Law, children by two or more beds succeed per stirpes. Courts have reaffirmed that when a person dies intestate leaving issue from multiple marriages, the estate is divided per stirpes, not per capita (e.g., Ratnapura, 1889; Kandyan Law principles). This means each child's share is determined by their respective branch of descent, not equally among all children. ["MOHOTIHAMY v. ALNINONA"], ["SILINDUHAMY et al. v. MOHOTTIHAMY et al."]
Succession Rules in Specific Acts - Partition in traditional communities like the Tarwad under Madras Marumakkattayam Act is on a per capita basis, but in inheritance among relatives such as uncles, aunts, and their children, the rule is often per stirpes or per capita depending on the law or specific circumstances. For example, the Act mandates per capita division in certain partitions, whereas traditional inheritance among kin may follow different rules. ["A.p.sunil Kumar, S/o.savithri Amma Vs Savithri Amma, D/o.late Nani Amma - Kerala"], ["DR.A.P.SUNIL KUMAR vs SAVITHRI AMMA - Kerala"]
Application to Family Law - Inheritance among relatives (e.g., aunts, uncles, cousins) can follow either per capita or per stirpes, depending on the law applicable. Under certain laws, heirs of the half-blood are included in inheritance, and the mode of division (per capita or per stirpes) is specified by statute or customary law (e.g., VANDERSTRAATEN v. EATON).
Modern Income and Distribution Contexts - Per capita is also used in income calculations and distribution formulas, such as determining per capita income for social welfare or resource allocation, which involves dividing total income by the number of persons. ["Shan J L vs The Secretary Department Of Space Banglore - Central Administrative Tribunal"]
Practical Implication in Property Division - In property disputes, courts often declare shares on a per capita basis, especially when statutory provisions or previous decrees specify so. For instance, a preliminary decree may declare shares per capita, aligning with law or contract stipulations (e.g., A.p.sunil Kumar, S/o.savithri Amma Vs Savithri Amma, D/o.late Nani Amma - Kerala, DR.A.P.SUNIL KUMAR vs SAVITHRI AMMA - Kerala).
Summary - Main Point: Under Hindu and Kandyan law, inheritance among descendants, especially grandchildren and children from multiple marriages, is generally per stirpes unless law or specific circumstances dictate per capita division. The mode of inheritance impacts how estate shares are calculated and distributed.
References:- Dias, 1907 ["WISE v. MUNIAREM"]- Ratnapura, 1889 ["MOHOTIHAMY v. ALNINONA"]- Kandyan Law cases, 1889-1903 ["SILINDUHAMY et al. v. MOHOTTIHAMY et al."]- Kandyan Law, Paragraph 268 ["NANDUWA v. PUNCHIRALA"]- Madras Marumakkattayam Act, 1932 ["A.p.sunil Kumar, S/o.savithri Amma Vs Savithri Amma, D/o.late Nani Amma - Kerala"], ["DR.A.P.SUNIL KUMAR vs SAVITHRI AMMA - Kerala"]- Traditional kinship inheritance, 1936 ["VANDERSTRAATEN v. EATON"]- Income distribution, 2016 ["Shan J L vs The Secretary Department Of Space Banglore - Central Administrative Tribunal"]- Property partition decree, 2014 ["A.p.sunil Kumar, S/o.savithri Amma Vs Savithri Amma, D/o.late Nani Amma - Kerala"]
