When the order of deaths is uncertain, how is the younger-survivor presumption in section 21 of the…
The correct answer is “Rebuttable presumption of law”. Section 21 directs the succession decision to presume that the younger survived the elder until the contrary is…
Choose your answer
When the order of deaths is uncertain, how is the younger-survivor presumption in section 21 of the Hindu Succession Act, 1956 classified?
Answer and explanation
Correct answer C
The correct answer is “Rebuttable presumption of law”. Section 21 directs the succession decision to presume that the younger survived the elder until the contrary is proved. Proof of the actual order of death can displace the presumption.
Option feedback
Option A
Section 21 fixes the inference by statute rather than leaving it to a factual assessment.
Option B
Uncertain survival order triggers a statutory rule. The inference itself is prescribed by law.
Option C
Section 21 directs the succession decision to presume that the younger survived the elder until the contrary is proved.
Option D
Proof of the actual order of death can displace the presumption.
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