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A Hindu man dies intestate. His son inherits the man's self-acquired property under section 8 of the…

When a son inherits his father's self-acquired property under section 8, the son takes it individually as between himself and his own child. This differs from devolution of…

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A Hindu man dies intestate. His son inherits the man's self-acquired property under section 8 of the Hindu Succession Act, 1956. Does the son's own child acquire a coparcenary interest by birth merely because of that inheritance?

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Answer and explanation

Correct answer C

When a son inherits his father's self-acquired property under section 8, the son takes it individually as between himself and his own child.

This differs from devolution of an existing Mitakshara coparcenary interest under section 6.

Option feedback

Option A

The route of devolution matters. The paternal relationship alone does not create a birthright in property devolving under section 8.

Option B

The son of the heir does not obtain a birthright simply because property devolves to the heir under section 8.

Option C

The Supreme Court distinguished an individual inheritance under section 8 from an interest in existing coparcenary property.

Option D

Section 8 is not restricted to a surviving spouse. In the stated case, the deceased's son inherits.

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