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A Hindu woman dies intestate without a surviving child or any child of a predeceased child. The…

Section 15(2)(a) of the Hindu Succession Act, 1956 sends property inherited from a parent to the heirs of the father when the woman dies intestate without a surviving son or…

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A Hindu woman dies intestate without a surviving child or any child of a predeceased child. The non-agricultural immovable property in question was inherited from her father. Her husband, her father’s widow (the woman’s mother), and her father’s son (the woman’s brother) survive her. The widow and son are the father’s only Class I heirs at her death. Who takes the property under the Hindu Succession Act, 1956?

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Answer and explanation

Correct answer C

Section 15(2)(a) of the Hindu Succession Act, 1956 sends property inherited from a parent to the heirs of the father when the woman dies intestate without a surviving son or daughter or children of a predeceased son or daughter. Under section 16, Rule 3, identify those heirs as if the father had died intestate immediately after her. His widow and son take equal shares under sections 8 to 10 and the Schedule.

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Option A

The husband does not take through the general order because the special rule sends this property to the father’s heirs.

Option B

The mother takes as the father’s widow. The deceased woman’s husband takes no share under the special succession rule.

Option C

The widow and son are the father’s Class I heirs. They each take one share under the distribution rules for his deemed intestacy.

Option D

The woman’s husband has no share under this special rule.

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