A is the father of B, both were Hindus. Both of them died in a shipwreck. It was uncertain whether…
Under Section 21 of the Hindu Succession Act, 1956 ('Presumption in cases of simultaneous deaths' - commorientes), where two persons have died in circumstances rendering it…
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A is the father of B, both were Hindus. Both of them died in a shipwreck. It was uncertain whether either of them and if so, who survived the other. What will be the rule of succession ?
Answer and explanation
Correct answer B
Under Section 21 of the Hindu Succession Act, 1956 ('Presumption in cases of simultaneous deaths' - commorientes), where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, it shall be presumed, until the contrary is proved, that the younger survived the elder. Therefore, A (the elder father) is presumed to have died first.
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