Hindu Succession and Coparcenary Questions and Answers

Q: Under the Uniform Civil Code Rules Uttarakhand, 2025, when is an application for declaration of legal heir(s) forwarded to the Registrar General ?

The application is forwarded after fifteen days of receipt if the Registrar does not act, which is option (C).The Uniform Civil Code Uttarakhand Rules, 2025 set out the steps to be taken on inaction by the Registrar. For a declaration of legal heir(s) or testamentary succession, the application is automatically forwarded to the Registrar General for summary inquiry if the Registrar fails to act within fifteen days. The Registrar General must then conduct the summary inquiry within a further fifteen days.Thirty days is the period the same Rules give for registration of a live-in relationship, and ten days is not used for this step, so (A) and (B) are wrong. (D) is wrong because fifteen days is the stated period.

Q: Prior to the Hindu Succession (Amendment) Act, 2005 coming into force, who amongst the following was not Class I heir of male Hindu dying intestate:-

The answer is None of the above, because mother, widow and daughter were all Class I heirs.The Schedule to the Hindu Succession Act, 1956 always listed the son, daughter, widow and mother of a male Hindu among the Class I heirs, together with the children and widows of predeceased sons and other descendants. The 2005 amendment added more grandchildren and great-grandchildren to Class I, but did not change the position of these three.The father, by contrast, has always been a Class II heir, which is the common trap. Since each of the three named relatives was in Class I before 2005, no single one of them can be the answer.

Q: A, the Christian man dies intestate leaving his mother, one daughter of deceased sister and two sons of his deceased brother. The share of each son of the deceased brother will be :

Each son of the deceased brother takes 1/6.For a Christian dying intestate with no lineal descendants and no father, the Indian Succession Act, 1925 gives the property in equal shares to the mother and to each brother or sister, the children of a deceased brother or sister taking together (per stirpes) the share their parent would have taken. Here there are three equal shares:\[ \begin{aligned} \text{mother} &= \tfrac{1}{3} \\ \text{sister's daughter} &= \tfrac{1}{3} \\ \text{brother's two sons} &= \tfrac{1}{3} \end{aligned} \]The brother's two sons split their parent's third, so each gets \(\tfrac{1}{3} \div 2 = \tfrac{1}{6}\). 1/3 is the share of the brother's line as a whole, and 1/4 would wrongly count each nephew and niece per capita.

Q: 'A' bequeaths a legacy "to Thomas, the second son of my brother John". The testator has an only brother John, whose first son is named Thomas and whose second son is named William. The person who gets a property under the bequeath is :

The person who gets the legacy is Thomas.This is an illustration in the Indian Succession Act 1925 (section 76, on misnomer and misdescription), and it is worked on exactly these facts: the testator has an only brother John, whose first son is Thomas and whose second son is William. The Act says Thomas will have the legacy.The name Thomas and the brother John identify the legatee, and the words 'second son' are the part of the description that is wrong, since Thomas is the first son. William is not named, so he does not take. The testator cannot be the legatee of his own bequest, and the gift does not fail for uncertainty.

Under the Uniform Civil Code Rules Uttarakhand, 2025, when is an application for declaration of legal heir(s) forwarded to the Registrar General ?

A.After thirty days of receipt if the Registrar does not take action
B.After ten days of receipt if the Registrar does not take action
C.After fifteen days of receipt if the Registrar does not take action
D.None of the above

Exam Year(s)

AIBE - 2026,

Answer: C

The application is forwarded after fifteen days of receipt if the Registrar does not act, which is option (C).

The Uniform Civil Code Uttarakhand Rules, 2025 set out the steps to be taken on inaction by the Registrar. For a declaration of legal heir(s) or testamentary succession, the application is automatically forwarded to the Registrar General for summary inquiry if the Registrar fails to act within fifteen days. The Registrar General must then conduct the summary inquiry within a further fifteen days.

Thirty days is the period the same Rules give for registration of a live-in relationship, and ten days is not used for this step, so (A) and (B) are wrong. (D) is wrong because fifteen days is the stated period.

Discuss in Forum

Prior to the Hindu Succession (Amendment) Act, 2005 coming into force, who amongst the following was not Class I heir of male Hindu dying intestate:-

A.Mother.
B.Widow .
C.Daughter.
D.None of the above.

Exam Year(s)

Rajasthan High Court Civil Judge - 2018, Rajasthan Judicial Service - 2018,

Answer: D

The answer is None of the above, because mother, widow and daughter were all Class I heirs.

The Schedule to the Hindu Succession Act, 1956 always listed the son, daughter, widow and mother of a male Hindu among the Class I heirs, together with the children and widows of predeceased sons and other descendants. The 2005 amendment added more grandchildren and great-grandchildren to Class I, but did not change the position of these three.

The father, by contrast, has always been a Class II heir, which is the common trap. Since each of the three named relatives was in Class I before 2005, no single one of them can be the answer.

Discuss in Forum

A, the Christian man dies intestate leaving his mother, one daughter of deceased sister and two sons of his deceased brother. The share of each son of the deceased brother will be :

A.1/3
B.1/4
C.1/2
D.1/6

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: D

Each son of the deceased brother takes 1/6.

For a Christian dying intestate with no lineal descendants and no father, the Indian Succession Act, 1925 gives the property in equal shares to the mother and to each brother or sister, the children of a deceased brother or sister taking together (per stirpes) the share their parent would have taken. Here there are three equal shares:

\[ \begin{aligned} \text{mother} &= \tfrac{1}{3} \\ \text{sister's daughter} &= \tfrac{1}{3} \\ \text{brother's two sons} &= \tfrac{1}{3} \end{aligned} \]

The brother's two sons split their parent's third, so each gets \(\tfrac{1}{3} \div 2 = \tfrac{1}{6}\). 1/3 is the share of the brother's line as a whole, and 1/4 would wrongly count each nephew and niece per capita.

Discuss in Forum

'A' bequeaths a legacy "to Thomas, the second son of my brother John". The testator has an only brother John, whose first son is named Thomas and whose second son is named William. The person who gets a property under the bequeath is :

A.William
B.Thomas
C.The testator himself
D.No one

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: B

The person who gets the legacy is Thomas.

This is an illustration in the Indian Succession Act 1925 (section 76, on misnomer and misdescription), and it is worked on exactly these facts: the testator has an only brother John, whose first son is Thomas and whose second son is William. The Act says Thomas will have the legacy.

The name Thomas and the brother John identify the legatee, and the words 'second son' are the part of the description that is wrong, since Thomas is the first son. William is not named, so he does not take. The testator cannot be the legatee of his own bequest, and the gift does not fail for uncertainty.

Discuss in Forum

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