Two people have died in circumstances that leave the order of their deaths uncertain. For succession…
For succession purposes, section 21 presumes that the younger survived the elder when survival is uncertain. Proof to the contrary can displace the statutory presumption.
Choose your answer
Two people have died in circumstances that leave the order of their deaths uncertain. For succession purposes, how is the presumption that the younger survived the elder under section 21 of the Hindu Succession Act, 1956 classified?
Answer and explanation
Correct answer C
For succession purposes, section 21 presumes that the younger survived the elder when survival is uncertain. Proof to the contrary can displace the statutory presumption.
Option feedback
Option A
Section 21 imposes a legal presumption once its facts are established. It is more than a factual inference.
Option B
The triggering circumstances are factual, but the resulting presumption is statutory and rebuttable.
Option C
The statute supplies a default conclusion that can be displaced by proof to the contrary.
Option D
Section 21 expressly allows proof to the contrary.
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