Regard being had to the provisions of the Hindu Succession Act, 1956, which of the following statements…
The proviso to section 6(1) of the Hindu Succession Act, as amended in 2005, saves any disposition or alienation, including a testamentary disposition, made before 20…
Choose your answer
Regard being had to the provisions of the Hindu Succession Act, 1956, which of the following statements is not correct?
Answer and explanation
Correct answer D
The proviso to section 6(1) of the Hindu Succession Act, as amended in 2005, saves any disposition or alienation, including a testamentary disposition, made before 20 December 2004; so the statement that the daughter's right "is not lost by any testamentary disposition of property which had taken place before the 20th day of December, 2004" is not correct. A preliminary decree for partition is not a final partition, so it does not defeat the daughter's right (Ganduri Koteshwaramma v Chakiri Yanadi, 2011). The statements on section 14(1) and section 14(2) correctly describe the enlargement of a pre-existing limited interest and the restricted estate created for the first time by an instrument or decree.
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