A succeeds to B rsquo s estate by inheritance and assigns a portion thereof to C D is in possession ...........

Civil Procedure Code (CPC) 1908 Plaint and Written Statement

A succeeds to B’s estate by inheritance, and assigns a portion thereof, to C, D. is in possession of the estate, and disputes A’s right to succession to it.

A and C may under rule 1 jointly sue D for recovery of possession of the portions of the estate to which they are entitled, as their claims in respect thereof, are based on a common ground

It does not matter that A claims by right of inheritance and C under an assignment from A

Both (A) and (B)

None of these

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Explanation:

- Option 1: A and C can jointly sue D for the recovery of the estate since they share a common ground—the portions of the estate they claim are derived from A’s right to succession.

- Option 2: It is irrelevant that A’s claim is through inheritance while C’s is through an assignment. A and C's respective claims are intertwined as they are both rooted in A's succession right, which C derived his claim from through assignment.

- Option 3: This states that both Option 1 and Option 2 are correct, affirming the right of A and C to jointly pursue D.

- Option 4: Claims none are correct, which is not accurate.

The correct answer is Option 3.