According to section 21 of the Hindu Succession Act, 1956, where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other then, for all purpose affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder.

Example: M and her daughter K died in a fire and on consideration of evidence the conclusion was reached that they had died in circumstances rendering it uncertain whether either of them had survived. Applying the rule of presumption laid down in abovementioned section, it was held that K the daughter had survived her mother. Prior to her death M had executed a will and left her property to K as a legatee and the property will devolved on the heirs of K.