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Two Class I heirs inherit a house from a Hindu who dies intestate. One proposes to transfer her…

Section 22(1) gives the preference to the other Class I heirs when an eligible co-heir proposes to transfer a share inherited from the same intestate. The facts make the…

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Two Class I heirs inherit a house from a Hindu who dies intestate. One proposes to transfer her inherited share to a neighbour. Who has a preferential right under section 22(1) of the Hindu Succession Act, 1956?

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Answer and explanation

Correct answer A

Section 22(1) gives the preference to the other Class I heirs when an eligible co-heir proposes to transfer a share inherited from the same intestate.

The facts make the other Class I co-heir the eligible claimant.

Option feedback

Option A

The other Class I heir who inherited the property has the statutory preference.

Option B

The proposed transferor is offering her own share. The preference belongs to the other eligible heirs.

Option C

The neighbour does not share the stated Class I inheritance.

Option D

The municipality does not become an eligible co-heir by reason of territorial jurisdiction.

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