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Two people die in circumstances that leave the order of their deaths uncertain. For succession to…

When survivorship is uncertain, section 21 presumes that the younger survived the elder for purposes affecting succession to property. Because the law imposes the…

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Two people die in circumstances that leave the order of their deaths uncertain. For succession to property, what kind of presumption does section 21 of the Hindu Succession Act, 1956 create in favour of the younger having survived?

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Answer and explanation

Correct answer C

When survivorship is uncertain, section 21 presumes that the younger survived the elder for purposes affecting succession to property.

Because the law imposes the presumption and expressly permits contrary proof, it is a rebuttable presumption of law.

Option feedback

Option A

The statute requires the presumption when its conditions are met.

Option B

Contrary proof can displace the presumption.

Option C

The statute requires the inference until the contrary is proved.

Option D

The statute itself creates the inference once survivorship is uncertain.

Option E

Section 21 supplies a presumption for succession to property.

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