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Z, a male Hindu governed by the Hindu Succession Act, dies intestate while his suit concerning his…

Section 8 and the Class I Schedule of the Hindu Succession Act include both a son and a daughter, and marriage does not exclude the daughter, so "P and B" may be brought on…

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Z, a male Hindu governed by the Hindu Succession Act, dies intestate while his suit concerning his separate property is pending. His only surviving Class I heirs are his son P and married daughter B, neither disqualified. The right to sue survives. Which option correctly identifies the heirs who may be substituted as his legal representatives under Order XXII Rule 3 CPC?

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Correct answer C

Section 8 and the Class I Schedule of the Hindu Succession Act include both a son and a daughter, and marriage does not exclude the daughter, so "P and B" may be brought on record under Order XXII Rule 3 when the right to sue survives. B's husband does not replace her merely by marriage, and substitution requires the appropriate application and order rather than occurring automatically on death.

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