Under the Hindu Succession Act, 1956, a Hindu man dies intestate after 9 September 2005. He and his two…
The deemed partition under section 6(3) gives the father and each child 1/4 of the whole. Sections 8 and 10 then divide the father’s 1/4 equally among the three children.…
Choose your answer
Under the Hindu Succession Act, 1956, a Hindu man dies intestate after 9 September 2005. He and his two sons and one daughter are the only coparceners in a Mitakshara joint family. The three children are his only heirs. What fraction of the entire coparcenary property does the daughter receive, including her own share and what she inherits?
Answer and explanation
Correct answer A
The deemed partition under section 6(3) gives the father and each child 1/4 of the whole. Sections 8 and 10 then divide the father’s 1/4 equally among the three children. The daughter’s total is 1/4 plus 1/12, or 1/3.
Option feedback
Option A
She takes 1/4 at the deemed partition and inherits 1/12 of the whole property from her father’s share. These fractions add to 1/3.
Option B
One quarter is her deemed partition share. The question also asks for her share of her father’s estate.
Option C
One ninth does not follow from the four-way deemed partition and the three-way distribution of the father’s share.
Option D
One twelfth is what she inherits from her father, measured against the whole property. It excludes her own share.
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