Presumption in Case of Simultaneous Death:
Section 21 provides “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 contrary is proved, the younger survived the elder.”
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The section resolves the dispute in those cases where members of the same family perish in a common calamity in circumstances rendering it uncertain which of them survived the other or others. It provides a rule of artificial presumption when question arises as to priority in time of the death of any person or persons. According to this presumption the younger will be deemed to have survived the elder.