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A Hindu man dies intestate after the Hindu Succession Act, 1956 comes into force, leaving separate…

The widow is a Class I heir and takes the separate property absolutely under section 8 read with section 10 and the Schedule. No enlargement under section 14(1) is needed.…

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A Hindu man dies intestate after the Hindu Succession Act, 1956 comes into force, leaving separate property and his widow as his sole heir. What interest does she take?

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Answer and explanation

Correct answer A

The widow is a Class I heir and takes the separate property absolutely under section 8 read with section 10 and the Schedule. No enlargement under section 14(1) is needed. Sadhu Singh v Gurdwara Sahib Narike distinguishes this situation from a restricted testamentary grant.

Option feedback

Option A

Section 8 and the Schedule make the sole Class I widow heir entitled to the estate from the outset.

Option B

The widow takes absolutely under section 8 without a preliminary limited estate.

Option C

No will, instrument, decree, order or award granting a restricted estate is stated.

Option D

Section 15 governs intestate succession to the property of a female Hindu.

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