A, a Hindu man, dies intestate leaving only his brother's son, his sister's son and his sister's…
Under Class II, Entry IV of the Schedule to the Hindu Succession Act, 1956, the enumerated heirs are: (1) Brother's son, (2) sister's son, (3) brother's daughter, and (4)…
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A, a Hindu man, dies intestate leaving only his brother's son, his sister's son and his sister's daughter as surviving heirs. What share does his sister's daughter receive under the Hindu Succession Act, 1956?
Answer and explanation
Correct answer A
Under Class II, Entry IV of the Schedule to the Hindu Succession Act, 1956, the enumerated heirs are: (1) Brother's son, (2) sister's son, (3) brother's daughter, and (4) sister's daughter. Section 11 of the Act provides: 'The property of an intestate shall be divided between the heirs specified in any one entry in Class II of the Schedule so that they share equally.' Since A died leaving behind three heirs all belonging to Entry IV of Class II (brother's son, sister's son, and sister's daughter), the estate is divided equally per capita among the three of them, and the sister's daughter (niece) receives a 1/3rd share.
Option feedback
Option A
Correct. Brother's son, sister's son, and sister's daughter all fall together in Entry IV of Class II of the Schedule to the Hindu Succession Act, 1956: '(1) Brother's son, (2) sister's son, (3) brother's daughter, (4) sister's daughter.' Under Section 11, all heirs specified in any one entry in Class II share equally (per capita). With 3 surviving heirs in Entry IV, the sister's daughter (niece) takes a 1/3rd share.
Option B
Section 11 divides the estate equally among the three heirs in the same entry, giving each one-third.
Option C
Incorrect. There are three surviving heirs in Class II Entry IV (not four), so each takes 1/3rd.
Option D
One-third is correct because the three heirs take equal shares under section 11.
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