A, a Hindu man governed by the Hindu Succession Act, 1956, dies intestate, leaving only his son X and…
Section 8 and the Schedule to the Hindu Succession Act, 1956 place both the son and the daughter of a male Hindu intestate in Class I. Marriage does not affect Y's status as…
Choose your answer
A, a Hindu man governed by the Hindu Succession Act, 1956, dies intestate, leaving only his son X and his married daughter Y. A was the sole plaintiff in a suit and the right to sue survives his death. Which listed set consists of all and only the persons who qualify as A's legal representatives on these facts?
Answer and explanation
Correct answer D
Section 8 and the Schedule to the Hindu Succession Act, 1956 place both the son and the daughter of a male Hindu intestate in Class I. Marriage does not affect Y's status as a daughter and does not give her husband a share in A's estate. Under section 2(11) and Order XXII, rule 3 of the Code of Civil Procedure, 1908, the court substitutes the deceased sole plaintiff's legal representatives on application when the right to sue survives.
Option feedback
Option A
Y is also a Class I heir. Marriage does not exclude a daughter from the Schedule to the Hindu Succession Act, 1956.
Option B
X is also a Class I heir under the Schedule to the Hindu Succession Act, 1956.
Option C
X and Y are Class I heirs. Y's husband does not inherit from A by virtue of his marriage to Y, and the facts give him no other basis to represent A's estate.
Option D
X and Y are Class I heirs under section 8 and the Schedule to the Hindu Succession Act, 1956. As persons who represent A's estate, both may be substituted under Order XXII, rule 3 of the Code of Civil Procedure, 1908.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision