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A Hindu father and his younger son die in a shipwreck. Their order of death is uncertain. For…

For questions affecting succession, section 21 presumes the younger survived the elder unless the contrary is proved. The son is therefore presumed to have survived his…

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A Hindu father and his younger son die in a shipwreck. Their order of death is uncertain. For succession under the Hindu Succession Act, 1956, what is presumed unless the contrary is proved?

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Answer and explanation

Correct answer B

For questions affecting succession, section 21 presumes the younger survived the elder unless the contrary is proved. The son is therefore presumed to have survived his father.

Option feedback

Option A

Section 21 presumes the younger survived the elder.

Option B

The son is the younger person, so section 21 presumes he survived the father.

Option C

Section 21 supplies an order-of-survival presumption rather than assuming simultaneity.

Option D

Section 21 supplies a rebuttable statutory presumption when survivorship is uncertain.

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