Before we get to know what ‘Relatives’ mean under the
Companies Act, 2013 and the Persons who will be considered as Relatives. I
would like to brief, for the sake of a Layman, that why do we need to know at the
first place as to who are the Relatives under the Companies Act, 2013.
because of the reason that there are many references under the Companies Act, 2013 and other applicable acts relating to Indian Companies, wherein restrictions/limitation
are put for relatives of any members/directors/key managerial persons/officers etc. of a Company, and
therefore it is important to know all those persons who are covered under the
definition of Relative.
Definition of ‘Relative’
Sub-Section (77) of
Section 2 of the companies act 2013 defines "Relatives" as below:
"Relative" means, with reference to any person, means any one who is related to another, if— (i) they are members of a Hindu Undivided Family; (ii) they are husband and wife; or (iii) one person is related to the other in such manner as may be prescribed;
Further, as per rule 4 of the Companies (Specification of definitions details) Rules, 2014, a person shall be deemed to be the relative of another, if he or she is related to another in the following manner, namely:-
Provided that the term “Father” includes step-father.
Provided that the term “Mother” includes the step-mother.
Provided that the term “Son” includes the step-son.
(4) Son’s wife.
(6) Daughter’s husband.
Provided that the term “Brother” includes the step-brother;
Provided that the term “Sister” includes the step-sister.
P.S.: As compared to companies act 1956, the list of relatives is quite short now.
LIST OF RELATIVES as per companies act 1956 (no more applicable)
2. Mother (including
3. Son (including step-son).
4. Son's wife.
5. Daughter (including
6. Father's father.
7. Father's mother.
8. Mother's mother.
9. Mother's father.
11. Son's son's wife.
12. Son's daughter.
13. Son's daughter's husband.
14. Daughter's husband.
15. Daughter's son.
16. Daughter's son's wife.
17. Daughter's daughter.
18. Daughter's daughter's husband.
19. Brother (including
20. Brother's wife.
21. Sister (including
Situations where reverse relationship might not result in being a
Relative of the Other Party :
(1):- Let, Ms. M is the wife of Mr. S, the Director of TRY NOT Limited and Mr. A
is the Brother of Ms. M. As per the above exclusive list, Wife’s Brother (brother-in-law)
is not a criteria to be considered as a Relative. And therefore Mr. A is not
the relative of Mr. S.
if we think it in a reverse way, then Mr. S will be considered as a Relative of
Mr. A as per the above list. Why? Because Mr. S is the Sister’s Husband for Mr.
(2):- Let, Ms. M is the daughter of Mr. H, the Director of TRY Limited and Mr. S
is the Husband of Ms. M. As per the above exclusive list, Daughter's husband is
a criteria for being considered as a Relative. And therefore Mr. S is a
relative of Mr. H.
if we again think it in a reverse way, then Mr. H will not be considered as a
Relative of Mr. S as per the above list. Why? Because Mr. H is the Wife’s
Father (father-in-law) for Mr. S.