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A Hindu dies in 2026 with an interest in Mitakshara coparcenary property governed by section 6(3) of…

Section 6(3) directs testamentary or intestate succession for a covered death after commencement of the 2005 amendment. The deceased coparcener’s share is determined as if a…

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A Hindu dies in 2026 with an interest in Mitakshara coparcenary property governed by section 6(3) of the Hindu Succession Act, 1956. How does the deceased’s interest devolve?

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Answer and explanation

Correct answer B

Section 6(3) directs testamentary or intestate succession for a covered death after commencement of the 2005 amendment. The deceased coparcener’s share is determined as if a partition had taken place immediately before death. The absence of a will calls for intestate succession.

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Option A

Section 6(3) directs devolution of the deceased person’s share by succession.

Option B

The deceased coparcener’s interest devolves by testamentary or intestate succession, as the circumstances require.

Option C

Where there is no valid will disposing of the interest, intestate succession applies.

Option D

Section 6(3) does not make the mode of devolution turn on whether the deceased leaves a daughter.

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