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Kinship

Kinship refers to relationships through blood or marriage. There are two main types of kinship bonds: affinal bonds through marriage and consanguineous bonds through blood. Relationships can also be categorized into primary, secondary, and tertiary kin based on closeness. Various rules and terminology govern kinship relationships, including rules of avoidance, joking relationships, residence, descent, and inheritance. Kinship systems aim to define and regulate close personal relationships in a society.

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152 views2 pages

Kinship

Kinship refers to relationships through blood or marriage. There are two main types of kinship bonds: affinal bonds through marriage and consanguineous bonds through blood. Relationships can also be categorized into primary, secondary, and tertiary kin based on closeness. Various rules and terminology govern kinship relationships, including rules of avoidance, joking relationships, residence, descent, and inheritance. Kinship systems aim to define and regulate close personal relationships in a society.

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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.
__________________________________

Dr. Sam J. Abraham, LL.M. Ph.D.


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

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