Assume Part II of the Indian Succession Act, 1925 applies. Consider these statements. I. For a child of…
Section 7 generally looks to the father's domicile at the birth and uses the father's domicile at death for a posthumous child. Section 8 uses the mother's domicile at the…
Choose your answer
Assume Part II of the Indian Succession Act, 1925 applies. Consider these statements.
I. For a child of legitimate birth whose father is alive at the birth, domicile of origin is in the country where the father was domiciled at the birth.
II. For a child born outside marriage, domicile of origin is in the country where the mother was domiciled at the birth.
Which statements are true?
Answer and explanation
Correct answer C
Section 7 generally looks to the father's domicile at the birth and uses the father's domicile at death for a posthumous child.
Section 8 uses the mother's domicile at the child's birth for a child born outside marriage.
Both statements are true within the stated scope.
Option feedback
Option A
Section 8 also makes the second statement true.
Option B
Section 7 makes the first statement true under its living-father premise.
Option C
Sections 7 and 8 support the first and second statements respectively.
Option D
The stated facts satisfy the rules in both sections 7 and 8.
Practice for these exams
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Odisha Judicial Services