KSLU Corner™ New AIBE previous QP

per capita

Latin · per KAP-it-uh · Family and succession

Meaning. By heads: dividing property equally among all heirs individually.

In succession, distribution per capita means each heir takes an equal share as an individual, regardless of the branch of the family through which he claims. It is contrasted with per stirpes (by branches), where each branch takes the share its ancestor would have taken and the members of the branch then divide it.

Hanafi (Sunni) law generally distributes among descendants of the same degree per capita, while Shia law follows the per stirpes rule. Under the Hindu Succession Act, 1956, the heirs of a predeceased son or daughter take their parent's share, which is a per stirpes rule. Outside succession, “per capita income” simply means income per person.

Example

Under Hanafi law the five grandsons, though descended from two different sons, took the estate per capita, each receiving one-fifth.

In Indian law

  • s.10, Hindu Succession Act, 1956 (distribution among Class I heirs)

See also

per stirpes · succession · intestate · class I heir

Read more in the study notes

← Back to the dictionary