Multiple choice

Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a

  1. presumption of fact

  2. presumption of fact and law

  3. rebuttable presumption of law

  4. irrebuttable presumption of law
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C Correct answer
Explanation

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. It is a rebuttable presumption of law because the words are used "shall presume". 

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