A Hindu man dies intestate owning self-acquired property. His only surviving heirs are a validly adopted son, a biological son born after the adoption and a married daughter. How does the property…
Question and options
A Hindu man dies intestate owning self-acquired property. His only surviving heirs are a validly adopted son, a biological son born after the adoption and a married daughter. How does the property devolve under Hindu law (Hindu Succession Act, 1956)?
Each of the three children takes one-third.
Only the two sons inherit, in equal shares.
Only the biological son and daughter inherit, in equal shares.
Only the biological son inherits.
Answer and explanation
Under sections 8 to 10 and the Schedule, Hindu Succession Act, 1956, surviving sons and daughters are Class I heirs. Under section 12, Hindu Adoptions and Maintenance Act, 1956, the adopted son is a child of the adoptive father for succession purposes. With these three heirs, each takes one-third.
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