Answer & Solution
Answer: Option
A
Solution:
Section 6 - Devolution of interest in coparcenary property
This section deals with the devolution of a Hindu male's interest in Mitakshara coparcenary property. After the 2005 amendment, daughters are also treated as coparceners by birth, just like sons.
If a male Hindu dies after the commencement of the 2005 amendment, his interest in the coparcenary property will devolve by testamentary or intestate succession under the Hindu Succession Act and not by survivorship.
This section specifically addresses ancestral property and coparcenary rights.
Section 8 - General rules of succession in the case of males
This is the key section for devolution of property when a male Hindu dies intestate (without a will).
It provides that the property shall first devolve upon the relatives specified in Class I of the Schedule (like son, daughter, widow, mother, etc.).
If there are no Class I heirs, the property goes to Class II heirs, then to agnates, and then to cognates.
This section is applicable to self-acquired property and separates intestate succession from coparcenary succession.
Section 9 - Order of succession among heirs in the Schedule
This section complements Section 8. It provides the rules for the order of succession and how the property is to be distributed among the heirs.
It states that heirs in one class shall take the property simultaneously to the exclusion of all other heirs in other classes.
This section provides the practical method for implementing the principles laid down in Section 8.
Section 14 - Property of a female Hindu to be her absolute property
This section deals with the property rights of a Hindu female.
It declares that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as her absolute property.
It is not related to the succession of a male Hindu dying intestate.
Conclusion:
Section 8 is the most appropriate and directly relevant provision for the devolution of the property of a male Hindu who dies intestate.
Therefore, the correct answer is: Option A: Section 8
