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When two people die in circumstances that make the order of death uncertain, how does section 21 of the…

For purposes affecting succession, section 21 presumes that the younger survived the elder where the order of death is uncertain. The presumption yields to proof to the…

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When two people die in circumstances that make the order of death uncertain, how does section 21 of the Hindu Succession Act, 1956 characterize the presumption that the younger survived the elder?

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Correct answer C

For purposes affecting succession, section 21 presumes that the younger survived the elder where the order of death is uncertain. The presumption yields to proof to the contrary.

Option feedback

Option A

Section 21 directs the presumption by law, beyond a discretionary inference of fact.

Option B

Section 21 prescribes the inference and its rebuttable effect by law.

Option C

Section 21 presumes survival of the younger until the contrary is proved.

Option D

Contrary proof can displace the presumption, so it is rebuttable.

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