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A Hindu man dies intestate. His only surviving relatives are S, the son of his predeceased paternal…

Both are collateral heirs in Class II, entry IV. Section 18 prefers the full-blood relative D when the relationships are otherwise of the same degree and nature.

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A Hindu man dies intestate. His only surviving relatives are S, the son of his predeceased paternal half-brother, and D, the daughter of his predeceased full sister. The Hindu Succession Act, 1956 applies. How does the estate devolve?

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Answer and explanation

Correct answer A

Both are collateral heirs in Class II, entry IV. Section 18 prefers the full-blood relative D when the relationships are otherwise of the same degree and nature.

Option feedback

Option A

Both are collateral heirs in Class II, entry IV. Section 18 prefers the full-blood relative D when the relationships are otherwise of the same degree and nature.

Option B

The paternal half-blood nephew has no priority over the full-blood niece at the same level.

Option C

Section 11 would divide the property equally among eligible heirs of the same entry. Section 18 first gives priority to D on these facts.

Option D

Section 18 confers priority on the full-blood heir rather than prescribing unequal shares for both heirs.

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