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A Hindu dies intestate in 2026 with an interest in Mitakshara coparcenary property. Section 6(3) of the…

Section 6(3) requires a notional partition immediately before death to determine the deceased’s share. That share passes by testamentary or intestate succession, as…

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A Hindu dies intestate in 2026 with an interest in Mitakshara coparcenary property. Section 6(3) of the Hindu Succession Act, 1956 applies. How is the deceased’s interest determined and transferred?

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Answer and explanation

Correct answer B

Section 6(3) requires a notional partition immediately before death to determine the deceased’s share. That share passes by testamentary or intestate succession, as applicable. This death is intestate.

Option feedback

Option A

The deemed partition takes place immediately before death. The resulting share passes by intestate succession.

Option B

The share is determined as if a partition had occurred immediately before death. It passes by intestate succession because the deceased left no will.

Option C

The timing of the deemed partition is correct. The deceased’s share passes under succession law.

Option D

The deemed partition takes place immediately before death, and the deceased’s share passes under succession law.

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