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Arrange in ascending order, the sequence of devolution of property Under Section 8 of the Hindu Succession Act, 1956 in case of a male Hindu dying int
Question

Arrange in ascending order, the sequence of devolution of property Under Section 8 of the Hindu Succession Act, 1956 in case of a male Hindu dying intestate:
A. Upon the heirs being the relatives specified in class I of the schedule.
B. If there is no heir of class I, then upon the heirs of class II of the schedule.
C. If their is no agnate, then upon the cognates of the deceased.
D. If their is no heir in class I and II, then upon the agnates of the deceased.
Choose the correct answer from the options given below:

A.

A, B, D, C

B.

B, A, C, D

C.

A, B, C, D

D.

A, C, B, D

Correct option is A

The correct answer is: (a) A, B, D, C

Detailed Explanation

Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves according to a strict order of priority as follows:

  1. A. Firstly, upon the heirs, being the relatives specified in Class I of the Schedule:

The primary beneficiaries (e.g., Son, Daughter, Widow, Mother, etc.) inherit equal shares first to the exclusion of all other categories.

  1. B. Secondly, if there is no heir of Class I, then upon the heirs, being the relatives specified in Class II of the Schedule:

Class II heirs (e.g., Father, Brother, Sister, Son's daughter's son, etc.) inherit only when no Class I heir is present.

  1. D. Thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased:

An agnate is a person related to the deceased wholly through male relatives (e.g., father's brother's son).

  1. C. Fourthly, if there is no agnate, then upon the cognates of the deceased:

A cognate is a person related to the deceased, but not wholly through male relatives (e.g., mother's brother's son).

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