Who falls outside the Class I entry for a son when a male Hindu dies intestate under the Hindu…
Section 8 and the Class I Schedule to the Hindu Succession Act, 1956 do not treat an unadopted stepson as the intestate’s son. A valid adoption creates that relationship…
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Who falls outside the Class I entry for a son when a male Hindu dies intestate under the Hindu Succession Act, 1956?
Answer and explanation
Correct answer B
Section 8 and the Class I Schedule to the Hindu Succession Act, 1956 do not treat an unadopted stepson as the intestate’s son. A valid adoption creates that relationship under Section 12 of the Hindu Adoptions and Maintenance Act, 1956. Section 16 of the Hindu Marriage Act, 1955 gives the specified children rights in the property of their parents, and Section 20 of the Hindu Succession Act protects the inheritance of a child in the womb who is later born alive.
Option feedback
Option A
Incorrect. Section 12 treats a validly adopted son as a child of the adoptive parent.
Option B
Correct. A step relationship alone does not make the stepson a Class I son of the intestate.
Option C
Incorrect. Statutory legitimacy under Section 16 gives the child succession rights in a parent’s property.
Option D
Incorrect. Section 20 treats the child as already born for inheritance if he was in the womb when the intestate died and is subsequently born alive.
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