A man dies intestate leaving a son and a grandson through another son who died before him. Under which…
Under sections 8 and 10 and the Class I Schedule of the Hindu Succession Act, 1956, the son of a predeceased son can take through the branch. Under ordinary Sunni…
Choose your answer
A man dies intestate leaving a son and a grandson through another son who died before him. Under which of these systems can the grandson inherit through his father's branch on these facts?
Answer and explanation
Correct answer A
Under sections 8 and 10 and the Class I Schedule of the Hindu Succession Act, 1956, the son of a predeceased son can take through the branch.
Under ordinary Sunni inheritance rules a surviving son excludes a grandson through a predeceased son on the stated facts.
Option feedback
Option A
Section 10 provides a branch share under the Hindu Act. Under ordinary Sunni law the surviving son is the nearer heir on these facts.
Option B
The comparison reverses the results. The Hindu Act recognises the branch and ordinary Sunni law gives priority to the surviving son.
Option C
The Hindu Act recognises the predeceased son's branch. Ordinary Sunni law does not give the grandson his father's hypothetical share in this situation.
Option D
The Hindu Act gives the predeceased son's branch a share alongside the surviving son.
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