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Which provision of the Hindu Succession Act, 1956 bars disqualification from succession on the ground…

Section 28 bars disqualification on grounds of disease, defect or deformity. Other grounds of disqualification must be provided for in the Act. Section 27 addresses the…

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Which provision of the Hindu Succession Act, 1956 bars disqualification from succession on the ground of disease, defect or deformity?

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Answer and explanation

Correct answer A

Section 28 bars disqualification on grounds of disease, defect or deformity. Other grounds of disqualification must be provided for in the Act. Section 27 addresses the effect of disqualification, section 29 deals with escheat, and section 30 governs testamentary succession.

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Option A

Correct. Section 28 of the Hindu Succession Act, 1956 ('Disease, defect, etc., not to disqualify') provides that no person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.

Option B

Incorrect. Section 29 of the Hindu Succession Act, 1956 deals with failure of heirs (escheat to the Government).

Option C

Incorrect. Section 30 of the Hindu Succession Act, 1956 deals with testamentary succession.

Option D

Incorrect. Section 27 of the Hindu Succession Act, 1956 specifies the effect of disqualification ('Succession when heir disqualified'), providing that a disqualified person is treated as having died before the intestate.

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