Which of the following sections includes the concept of Notional Partition ?
Notional partition is found in section 6 of the Hindu Succession Act, 1956. Under Explanation to section 6(3), as amended in 2005, the interest of a deceased Mitakshara…
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Which of the following sections includes the concept of Notional Partition ?
Answer and explanation
Correct answer C
Notional partition is found in section 6 of the Hindu Succession Act, 1956. Under Explanation to section 6(3), as amended in 2005, the interest of a deceased Mitakshara coparcener "shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death". The Supreme Court explained the effect of this fiction in Gurupad Khandappa Magdum v. Hirabai (1978).
Section 21A of the Special Marriage Act deals with succession where both parties are Hindus, and section 36 of the Indian Succession Act does not deal with partition.
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