A Hindu woman dies intestate. Her husband predeceased her. She leaves a stepson whom she never adopted, a married daughter and a son born outside marriage, with no other surviving children or…
Question and options
A Hindu woman dies intestate. Her husband predeceased her. She leaves a stepson whom she never adopted, a married daughter and a son born outside marriage, with no other surviving children or descendants. Who takes her estate under section 15(1)(a), Hindu Succession Act, 1956?
All three children
Her daughter alone
Her daughter and stepson
Her daughter and her own son
Answer and explanation
The proviso to section 3(1)(j), Hindu Succession Act, 1956, deems illegitimate children to be related to their mother and to one another, so her own son and married daughter both inherit together under sections 15(1)(a) and 16. In Lachman Singh v. Kirpa Singh, (1987) 2 SCC 547, the Supreme Court held that 'sons' in section 15(1)(a) does not include an un-adopted stepson.
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