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CLAT 2008 Question Paper with answer key for online practice

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Question : 176

Total: 190

Principles:
(1) On the death of husband, the widow shall inherit the property of her deceased husband along with children equally.
(2) A widow can not claim the property of the deceased if on the date when the question of succession opens, she has remarried.
(3) A female acquiring property in any way has the absolute title to the property.
Apply the above three principles and decide the case of the following fact situation.

Facts:When Sudhir died, he had 1/3rd share of the family property, which the three brothers Rudhir, Sudhir and Yasu inherited from their father, B.
Sudhir died on September 23' 2006 without having any issue. The widow of Sudhir, Ms. Win remarried on January 1, 2007.
Rudhir and Yasu refused 'Win' the share from Sudhir's portion when Win claimed the entire property belonging to Sudhir on January 30, 2007.

Select your decision from the possible decisions given in list I and the appropriate reason from the indicated reasons given in list II given below:

List I - Decisions:
(a) Win cannot inherit the property of Sudhir
(b) Win can inherit the property of Sudhir

List II - Reasons:
(i) Win does not belong to the family
(ii) Win was remarried
(iii) Her claim was on the date of Sudhir's death
(iv) Her claim was submitted after she was remarried

(a) (i)
(a) (ii)
(b) (iii)
(b) (i)

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