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What is Presumption in cases of simultaneous deaths? What is Preferential right to acquire property in certain cases? Section 21 and 22 of Hindu Succession Act 1956

Presumption in cases of simultaneous deaths and Preferential right to acquire property in certain cases are defined under section 21 and 22 of Hindu Succession Act 1956. Provisions under these Sections are:

Section 21 of Hindu Succession Act "Presumption in cases of simultaneous deaths"

Section 21. Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then, for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.

Section 22 of Hindu Succession Act "Preferential right to acquire property in certain cases"

Section 22. (1) Where, after the commencement of this Act, interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolve upon two or more heirs specified in class I of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.

(2) The consideration for which any interest in the property of the deceased may be transferred under in this section shall, in the absence of any agreement between the parties, be determined by the court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application.

(3) If there are two or more heirs specified in class I of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.

Explanation : In this section, "court" means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf.

Hindu Succession Act 1956

What is Presumption in cases of simultaneous deaths? What is Preferential right to acquire property in certain cases? Section 21 and 22 of Hindu Succession Act 1956

Is Murderer disqualified? Are Convert’s descendants disqualified? How to decided Succession when heir disqualified? Section 25, 26 and 27 of Hindu Succession Act 1956

What is the meaning Disease, defect, etc. not to disqualify? What is Failure of heirs? What is Testamentary Succession? Section 28, 29 and 30 of Hindu Succession Act 1956

Who are Heirs in Class I and Class II? Schedule of Hindu Succession Act 1956

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