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Consider these statements under the Hindu Succession Act, 1956. I. A child who was in the womb when an…

Under section 20, a child who was in the womb at the intestate's death and is subsequently born alive inherits as if born before that death. Section 26 disqualifies children…

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Consider these statements under the Hindu Succession Act, 1956.

I. A child who was in the womb when an intestate died cannot inherit from the intestate even if the child is later born alive.

II. Every child born after a parent's conversion from Hinduism, and every descendant of such a child, is barred from inheriting from a Hindu relative.

Which statements are true?

Select one answer
Answer and explanation

Correct answer D

Under section 20, a child who was in the womb at the intestate's death and is subsequently born alive inherits as if born before that death.

Section 26 disqualifies children born after the conversion and their descendants unless they are Hindus when succession opens.

Both statements therefore fail.

Option feedback

Option A

Section 20 gives a child in the womb who is later born alive the same inheritance right as if born before the death.

Option B

Section 26 does not disqualify those children or descendants on the ground of conversion if they are Hindus when succession opens.

Option C

Section 20 contradicts the first statement and the express exception in section 26 contradicts the second.

Option D

Section 20 gives the qualifying child inheritance rights, and section 26 qualifies the disqualification of a convert's descendants.

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