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A Hindu man dies intestate leaving his mother, father, one son, one brother and one sister, with no…

Sections 8 and 9 give Class I heirs priority over Class II heirs. The Schedule places the mother and son in Class I and the father, brother and sister in Class II. Under…

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A Hindu man dies intestate leaving his mother, father, one son, one brother and one sister, with no other heirs. The general rules of the Hindu Succession Act, 1956 apply to his separate estate. Who inherits it?

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Answer and explanation

Correct answer D

Sections 8 and 9 give Class I heirs priority over Class II heirs. The Schedule places the mother and son in Class I and the father, brother and sister in Class II. Under section 10, the mother and the one surviving son take one share each. The two shares are equal.

Option feedback

Option A

The father, brother and sister are Class II heirs and are excluded by surviving Class I heirs.

Option B

Being male does not give the father or brother priority over the mother.

Option C

The father is a Class II heir. The son is Class I and shares with the mother.

Option D

The mother and son are both Class I heirs and each takes one share under section 10.

Option E

The mother is a Class I heir and also takes a share.

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