Which person is outside the category of “son” in Class I of the Hindu Succession Act, 1956 when…
A step-relationship alone does not make the child the intestate’s son. Valid adoption creates the statutory parent-child relationship. Section 16 of the Hindu Marriage Act…
Choose your answer
Which person is outside the category of “son” in Class I of the Hindu Succession Act, 1956 when determining succession to a Hindu male intestate’s estate?
Answer and explanation
Correct answer B
A step-relationship alone does not make the child the intestate’s son. Valid adoption creates the statutory parent-child relationship. Section 16 of the Hindu Marriage Act confers qualifying legitimacy and limits resulting property rights to the parents’ property. Section 20 of the Hindu Succession Act protects a child in the womb at the intestate’s death if later born alive. Lachman Singh distinguished a son from a stepson in the separate context of Section 15.
Option feedback
Option A
A valid adoption makes the child a child of the adoptive parent for statutory purposes.
Option B
The stepson has no parent-child relationship with the intestate on the stated facts.
Option C
A son with statutory legitimacy can inherit the property of his parent under the applicable succession rules.
Option D
Section 20 preserves the inheritance right of the child later born alive.
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