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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…

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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?

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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.

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