HINDU MARRIAGE ACT, 1955.
BIHAR AND JHARKHAND JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q. 1. Examine the provisions of Section 4 of Hindu Marriage Act, 1955 in relation to their effect upon the validity of the earlier provisions of (a) factual and (b) customary law concerning, (i) the nature and social standing of different kinds of marriages, (ii) the eligibility of parties thereto, (iii) ceremonies and their solemnisation; and the duties and responsibilities following therefrom. [B&JJS 1978]
Q. 2. Write short note on Sapinda Relationship. [B&JJS 1986]
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. State the essential conditions of marriage among Hindus under the Hindu Marriage Act of 1955. [B&JJS 1975]
Q. 2. (a) ’A Hindu marriage is a sacrament, not a contract. Examine whether this concept still holds good after the Hindu Marriage Act, 1955.
(b) Examine and comment upon the validity of the following marriages under the Hindu Marriage Act, 1955, pointing out the remedies, if any, open to the wife:
(i) the age of the girl at the time of marriage was below 14 years.
(ii) the husband, when he got married in 1958, had a wife at the time of marriage but the first marriage was performed in London before 1955. [B&JJS 1980]
Q. 3. “In Modern Hindu Law both polygamy and polyandry have been abolished by making monogamy a statutory rule for all Hindus.”
Do you agree with this statement? Substantiate your answer with the support of statutory provision and case law. Also refer to the penalties, impossible in case of infringement of this rule. [B&JJS 1984]
Q. 4. Under the modem Hindu law marriage is neither a sacrament nor contract. Elaborate [B&JJS 1991]
Q. 5. Are the following marriage valid?
(i) Marriage of idiot with a lunatic.
(ii) Marriage of a boy of 18 years with a girl of 16 years.
(iii) Marriage of a boy 21 years old with an unmarried woman of 65 years. [B&JIS 1991]
Q. 6. What are the essentials of a valid Hindu marriage? [B&JJS 2000]
Q. 7. Discuss the concept of marriage under Hindu Law. What are the factors which nullity the marriage? [B&JJS 2011]
RESTITUTION OF CONJUGAL RIGHTS (S. 9)
Q. 1. The Supreme Court has held that the remedy of Restitution of Conjugal Rights is not unconstitutional. Do you also agree with the view taken by the Supreme Court? Give reasons in support of your answer. [B&JJS 1986]
JUDICIAL SEPARATION (S. 10)
Q. 1. Distinguish and differentiate between ‘Divorce’ and ‘Judicial Separation’ under the Hindu Marriage Act, 1955. [B&JJS 1980, HJS 1988, 2010, UPJS 1982]
Q.2.Write short but critical note on Judicial separation. [B&JJS 1984]
Q. 3. Distinguish between Void and Voidable marriage. [B&JJS 1984, HJS 2007, UPJS 1982, 1984, 2003]
NULLITY OF MARRIAGE AND DIVORCE (S. 1-18)
Q. 1. A married woman, files petition before appropriate Court for divorce against her husband B. The ground is that B solemnized a second marriage with another woman C. What matrimonial relief is available to A under the above Act? Discuss also the consequences of the appropriate decree which might be passed in this case. [B&JJS 1975]
Q. 2. Explain the doctrine of cohabitation under the Hindu Marriage Act stating clearly the effect of co-habitation on:
- husband, and
- wife [B&JJS 1977]
Q. 3. State the various ‘Matrimonial Causes’ laid down under the Hindu Marriage Act, 1955. Are there some common grounds for a decree of Judicial Separation and Divorce? If so, what are those grounds? [B&JJS 1986]
Q. 4. State the major changes brought about in the law of divorce governing Hindus by the Marriage Laws (Amendment) Act, 1976. [B&JJS 1987]
Q. 5. What is constructive desertion? Give at least two examples. [B&JJS 1991]
Q. 6. What are the various grounds for divorce under Hindu Marriage Act, 1955? Discuss. [B&JJS 2011]
DIVORCE BY MUTUAL CONSENT (S. 13B)
Q. 1. Explain divorce by mutual consent under the Hindu Marriage Act. [B&JJS 2000]
MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY (S. 24-25)
Q. 1. Distinguish between ‘alimony’ and maintenance Pendente lite. [B&JJS 1987, 2006]
CUSTODY OF CHILDREN (S. 26)
Q. 1. Elaborate the fundamental changes introduced by Hindu Succession Act, in respect of succession of property of Hindu family. [B&JJS 2006]
HARYANA JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q. 1. Define and explain the following terms as referred to in the Hindu Marriage Act:
- ”full blood” and ”half blood”
- ”uterine blood”
- ”Sapinda relationship” [HJS 2010]
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. Explain the prohibition laid down under Hindu law and Muslim law with regard to valid marriage. [HJS 1984]
Q. 2. Explain:
Conditions essential for a Hindu marriage. [HJS 1986]
Q. 3. Can a person belonging to scheduled to be tried for BIGAMY? Give reason. [HJS 2000]
Q. 4. Discuss the nature of marriage under the Hindu Law and the Muslim Law with the help of decided cases. A Hindu boy of 21 years of age married to a Muslim girl of 19 years. Under which Law the marriage would be valid. If not, what would be the status and position of children out of this wedlock. Whether they would be legitimate? [HJS 2001]
Q. 5. In certain casts in Punjab, ‘Anandkaraj’ is a customary ceremony for a valid marriage. Kehar Singh married to Anand Kaur by simply garlanding each other and not performed ‘Anandkaraj’. What are the consequences of such marriage and position of legitimacy of children of this marriage. [HJS 2003]
Q. 6. ‘Chadarandaji’ is the valid customary ceremony in case of marriage of a widow. The whereabouts of Lakha Singh was not known for a period of 8 years and therefore family members decided that Phool Singh, his younger brother should marry with Lakha Singh’s wife, Preetam Kaur. They performed ‘Chadarandaji’. After 5 years Phool Singh deserted Preetam Kaur and solemnized marriage with another woman Labh Kaur. Decide the validity of marriage of Phool Singh with Preetam Kant and with Labh Kaur. Refer to decided cases. [HJS 2003]
Q. 7. Write short critical note on Compulsory registration of marriages [HJS 2007].
Q. 8. Write short critical note on Consequence of solemnization of marriage between two Hindus in violation of provisions of Section 7 of Hindu Marriage Act, 1955. [HJS 2007].
Q. 9. X a Hindu male, married Y a female in the year 2009, with the written consent of his first wife P. Is X’s marriage with Y valid: [HJS 2009].
Q. 10. What is the difference between “Kareva” form of marriage, and “chader andazi” form of marriage? How are these marriages solemnized? [HJS 2009].
Q. 11. Two Hindus got married in a temple. Several years and after the birth of three children, they get the marriage registered under the Special Marriage Act. A year later husband claims that certain ceremonies were not performed and hence the marriage was void. Decide after giving arguments for both the sides. [HJS 2011]
Q. 12. Two Hindus marry and have a son. The husband converts to Islam and marries a Muslim girl. They have a daughter. All this happens prior to the decision in Sarla Mudgal’s caseIn 2001 the husband dies. The son denies the claims of the daughter and her mother. 15 the marriage valid and the child legitimate? [HJS 2011]
Q. 13. Write short notes on the following: (i) Chadar Andazi (ii) Anand Karaj ceremony. [HJS 2013]
Q. 14. What is the concept of marriage under the Hindu Marriage Act, 1955 and how it is different from relationship, which is ‘in the nature of marriage’? [HJS 2015]
RESTITUTION OF CONJUGAL RIGHTS (S. 9)
Q. 1. What is a suit for restitution of conjugal rights? Does the refusal of a wife, to resign from her job amount to withdrawal of society Without reasonable cause? [HJS 1988]
Q. 2. G had loaned his car to his brother. R, who obtained petrol and oil on credit from X. X took possession of the car from R and refused to return it until he was paid. Has G any remedy against X? State the law to support your answer. [HJS 1999]
Q. 3. Discuss with the help of decided cases the remedy of Restitution of Conjugal Rights and wife’s defence of job at different place under the Hindu Marriage Act, 1955. Do you subscribe the view that this remedy is barbaric and unconstitutional? [HJS 2001]
JUDICIAL SEPARATION (S. 10)
Q. 1. State with the help of decided cases, the grounds on which a decree of judicial separation may be obtained under the Hindu Marriage Act, 1955 and distinguish between a decree of judicial separation and a decree of divorce. [HJS 2014]
Q. 2. Critically examine the concept of irretrievable breakdown of marriage. Can the courts invoke this concept for granting divorce under the provisions of the Hindu Marriage Act, 1955? [HJS 2006]
Q. 3. Although cruelty is clearly a ground for divorce under Section 13 of the Hindu Marriage Act, 1955, and yet the legislature in its wisdom has not defined it in the Act. In the application of this statutory ground, however, the apex court has developed a functional concept of cruelty. Bring out the salient features of that concept in the light of case law. [HJS 2006]
Q. 4. A marriage of a Hindu girl, aged 11 years, was solemnized with a Hindu boy of 25 years of age. She sought to repudiate the marriage after attaining the age of 13 years through her brother (although her father being alive). Decide if she could succeed in repudiating the marriage under the relevant provisions of the Act of 1955. [HJS 2006]
Q. 5. Critically examine the concept of matrimonial bars and bring out their relevance in deciding the’ matrimonial disputes. [HJS 2006]
Q. 6. Discuss the desirability of expressly introducing irretrievable breakdown of marriage as aground of divorce. Critically examine how will it help in the resolution of marriage conflict problems? Illustrate your answer in the light of the judicially decided cases. [HJS 2007]
Q. 7. Discuss whether the ground stipulated under section 133 of the Hindu Marriage Act is truly a ground of divorce by mutual consent.
Q. 8. On what grounds a Court can grant a decree of nullity of marriage? Critically examine the amendments made in the grounds of nullity by the Amendment Act 68 of 1976. [HJS 2009]
Q. 9. Critically examine the special grounds of divorce available to a Hindu wife under the Hindu Marriage Act, 1955. [HJS 2010]
Q. 10. How does the Hindu Marriage Act provide for the legitimacy of children of voidable marriage? [HJS 2010]
Q. 11. ‘X’ a Hindu male aged 18 years married ‘Y’ a female aged 14 years. The marriage was consummated when ‘Y’ was 17 years. Will she be entitled to get decree of divorce under the Hindu Marriage Act? [HJS 2010]
Q. 12. The waiting period of six months contemplated under Section 138 of the Hindu Marriage Act, 1955 is as mandatory as the other conditions prescribed for obtaining divorce on mutual consent. Explain the statement with support of case law. [HJS 2011]
Q. 13. Anchal and Basant, both Hindus, got married to each other in 2002. In 2005, Basant got converted to Islam and married a Christian lady named Veronica without dissolving his first marriage. Draw up a line of argument for Anchal, if she wishes to sue Basant [HJS 2013]
Q. 14. Krishna and Kajal married each other in 2010. Kajal was 16 years old when she get married and Krishna was 25. Despite repeated attempts by Krishna to consummate the marriage with his wife, the couple failed to do so because of Kajal’s strong resistance and willingness. After three years of marriage, Krishna sought termination of the marriage. Medical records revealed that Kajal was a perfectly normal woman biologically and that her resistance to intercourse is only psychological.
What are the remedies available under the Hindu Marriage Act, 1955 if Krishna wants to terminate his marriage with Kajal? [HJS 2013]
Q. 15. Sujoy Chatterjee and Momita Banerjee got married in 2000. At the time of marriage, Momita was not aware of the fact that Sujoy was suffering from Schizophrenia and that his illness was acute. When she got to know of it within two months of her marriage, she was disappointed. However, she decided to continue with the marriage hoping for things to get better in future. Five years later, she approached the court claiming divorce on the ground of Fraud.
Against this background, discuss the concept of Fraud and decide whether Momita is entitled to a relief on this ground? What other options are available to Momita under the Hindu Marriage Act, 1955 if she wishes to terminate her marriage with Sujoy. [HJS 2013]
Q. 16. Write short note on Doctrine of Factum Valet. [HJS 2013]
NULLITY OF MARRIAGE AND DIVORCE (S. 1-18)
Q. 1. ‘Hindu Law strictly so called did not allow divorce except in certain cases where it was permitted by custom.’ Critically examine ibis statement and point out how far, if at all, divorce was permitted under the shastric Hindu law. How far and in what circumstances is statutory divorce permitted in Hindu law? [HJS 1984]
Q. 2. P, a Hindu woman, embraces Islam and thereafter asks Q, her Hindu husband, also to embrace Islam. On refusal by Q to do so, P files a suit against Q for the dissolution of marriage under the Dissolution of Marriage Act. Can P succeed? [HJS 1984]
Q. 3. When can a court refuse to pass a decree of divorce despite the proof of the ground? [HJS 1984]
Q. 4. A Hindu embraces Islam and remarries. His Hindu wife also remarries. ls her
remarriage valid? Also compare the position of a Muslim wife in similar circumstances. [HJS 1986]
Q. 5. Explain whether a decree of divorce can be granted in the following cases:
(a) After one year of marriage the husband of wife ’W’ has become impotent.
(b) Against a Husband ’H’ a decree of judicial separation was passed on 5-2-97 on the ground of adultery. Now he applies for a decree of divorce.
(c) On 19.8-97 an order of payment of maintenance was passed against the husband H under section 125 of the Criminal Procedure Code, 1973. Since then he is paying the maintenance amount regularly to the wife. The wife now applies for a decree of divorce.
(d) The marriage of W was solemnized when she was only 14 years old. After attaining the age of 16 years she has withdrawn her company from her husband. Now, after attaining the age of 18 years she applies for a decree of divorce. [HJS 1998]
Q. 6. Write short note on Legitimacy of children of void and voidable marriage. [HJS 1998]
Q. 7. Discuss the changing concept of ’Cruelty’ as a ground of matrimonial relief under the Hindu Law and Muslim Law both. Refer the recent case law on the subject. [HJS 1999]
Q. 8. Write short note on Dastane v. Dastane. [HJS 2011]
MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY (S. 24-25)
Q. 1. Can an unchaste Hindu wife claim maintenance from her husband? [HJS 1988]
Q. 2. Write short note on Maintenance of a wife under a void marriage. [HJS 1998]
Q. 3. Respond to the following fact-situations by applying relevant provisions of the Hindu Marriage Act, 1955 and citing case-law wherever required:
Prakhar and Aaradhya have been living together at Gurgaon for 6 years now. In Janna this year, they had a violent fight. Aaradhya was hit hard by Prakhar as a result of Which she sustained injuries. After they broke up, Aradhya sued Prakhar for maintenance’ among other things. ‘ Discuss the parameters that need to be satisfied for claiming maintenance in this regard and decide whether Aradhya is entitled to maintenance in the light of latest indicial pronouncements in this domain? [HJS 2013]
Q. 4. Can a woman admittedly in a void marriage claim maintenance against her husband under Hindu law? [HJS 2015]
CUSTODY OF CHILDREN (S. 26)
Q. 1. Akhil and Niharika were married for 18 years and got divorced recently. They have an eight years old child, Anjan. Akhil claims custody of the child stating that Niharika is Only a teacher in a primary school whereas he is a rich businessman and therefore, he can sponsor the best quality of education for Anjan. Niharika on the other hand, claims that she will do everything possible to raise Anjan in the best possible manner.
Discuss the requirements for custody and decide whether Akhil or Niharika should be entitled to the custody of Anjan? [HJS 2013]
RAJASTHAN JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q. 1. Who is a Hindu? [RJS 1991, 1994]
Q. 2. What do you mean by ’Sapinda-Relationship’ under Hindu Law? [RJS 1994]
Q. 3. What is prohibited degree in Hindu Law? [RJS 1991, 1999, HJS 1996]
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. What conditions should be fulfilled for a marriage between two Hindus? When such a marriage is void or becomes voidable?
Discuss briefly and compare the circumstances and grounds on which divorce could be obtained under the Hindu Marriage Act and the Indian Divorce Act. [RJS 1974]
Q. 2. Can a Hindu take a second wife with the written consent of his first wife? [RJS 1984]
RESTITUTION OF CONJUGAL RIGHTS (S. 9)
Q. 1. Describe a decree for restitution of conjugal rights [RJS 1980-81]
Q. 2. What is constructive desertion? [RJS 2011]
JUDICIAL SEPARATION (S. 10)
Q. 1. Distinguish clearly between judicial separation and divorce under the Hindu Marriage Act, 1955.
A sues his wife B for divorce under the Hindu Marriage Act, 1955 on the ground that for over three years B has been suffering from a venereal disease in a communicable form. B proves that (i) the disease is curable and (ii) the disease was contracted from A himself. Decide. [RJS 1970]
Q. 2. Distinguish between the following giving suitable illustrations.
Judicial separation and divorce under the Hindu Marriage Act, 1955. [RJS 1974]
Q. 3. (a) State the grounds on which a Hindu marriage can be annulled.
(b) A has a wife 8 living and marries C. Which of the two wives can seek a decree of nullity of the second marriage? [RJS 1976]
Q. 4. Mention the provision of law which permits divorce by consent among hindus. [RJS 1984].
Q. 5. Narrate the grounds on which a divorce is granted under the Hindu Manage Act, 1955. [RJS 1984]
Q. 6. ‘A’ Hindu having a Hindu wife W1, marries again a Hindu girl W2. Can W1 get the, marriage between A and W2 declared void under the Hindu Marriage Act, 1955.[RJS 1988]
Q. 7. When would a court refuse to pass a decree of divorce under the Hindu Marriage Act? [RJS 1992]
Q. 8. Which marriages are voidable under the Hindu Marriage Act? How and when petitions for annulling such marriage can be presented? [RJS 1994]
Q. 9. When a Hindu Marriage is treated as void? [RJS 2011]
Q. 10. Mention the consequences of violation of the essential conditions under Section 5 of the Hindu Marriage Act, 1955. [RJS 2014]
Q. 11. Wife burnt husband’s thesis of Ph.D. Whether it amounts to cruelty? [RJS 1986]
DIVORCE BY MUTUAL CONSENT (S. 13B)
Q. 1. State the law relating to divorce by mutual consent under The Hindu Marriage Act. [RJS 1986]
JURISDICTION AND PROCEDURE (S. 19-28A)
Q. 1. Which is the court having jurisdiction to entertain a petition for restitution of conjugal rights and judicial separation under the Hindu Marriage Act? [RJS 1980-81]
Q. 2. What is the scope of power of the court under the Hindu Marriage Act, to bring about reconciliation between the parties to a proceedings? [RJS 1984]
MAINTENANCE PENDENTE LITE AND PERMANENT ALIMONY (S. 24-25)
Q. 1. State the grounds on which a Hindu wife can claim maintenance and separate residence from her husband. Whether a husband can refuse to provide maintenance to an unchaste Wife residing with him? [RJS 1999]
MISCELLANEOUS
Q. 1. Who is the author of Hindu Law in its original form? [RJS 1980-81]
Q. 2. Describe the facts and principles of law laid down in “Pratibha Rani v/s Suraj Kumar”, AIR 1985 SC 628. [RJS 1988]
UTTAR PRADESH JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q. 1. Who are the persons governed by Hindu Law? Who are entitled to share a partition in joint Hindu family? Explain divorce by mutual consent under the Hindu Marriage Act, 1955. [UPJS 2015]
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. Have the changing times, terrorism, unemployment, dearness, drinking and drug- addiction altered the very concept of Hindu marriage? What is its form now? A young person remains imperfect so long as he does not marry and he attains perfection only by marrying. A maiden is always gifted even then demand for money property, car, motor cycle, scooter are made and if not complied with then she is burnt. Do you consider girls are married for selling or burning them, or for adultery? What are the conditions of a Hindu marriage? [UPJS 1986]
Q. 2. “Let a damsel wait for 3 years from the appearance of her first menstruation and after that time let her choose for herself and marry a husband equal to herself in qualifications i.e., suitable to her” (Manu Smriti). The Indian society and our Parliament in order to prevent early marriages, infantile mortality and weaklings from premature death, prescribed the age for the bridge and the boy. Give the age prescribed for marriage under the Hindu Marriage Act and the other changes affected by the Hindu Marriage Act. [UPJS 1988]
Q. 3. Define the nature of Hindu marriage under Hindu law. What are the characteristics of sacramental marriage among Hindus? How far these have been affected by the Hindu Marriage Act, 1955? [UPJS 1992]
Q. 4. (a) Is it correct to say that “the marriage has not remained a sacramental marriage and has also not become contract under the Hindu Marriage Act, 1955.”
(b) Examine the validity of the following Hindu Marriages:
(i) Marriage of a boy of 17 years with a girl of 15 years.
(ii) ’A’ marries ’B’, the widow of his elder brother. [UPJS 1997]
Q. 5. “Fundamental changes in the law relating to marriage has been brought about by the Hindu Marriage Act, 1955.” Comment on the above statement and evaluate that how far the Act affected the sacramental character of Hindu Marriage? [UPJS 2013]
JUDICIAL SEPARATION (S. 10)
Q. 1. Can a suit lie in the Civil Court for obtaining a decree for annulment of a Hindu marriage after the death of spouse? [UPJS 1984]
Q. 2. Analyse meanings of ’cruelty’ and ’desertion’ under the Hindu Marriage Act, [UPJS 1935]
Q. 3. Equal Rights of Women’s Movement gained momentum recently but the Indian Parliament in 1955 granted the most important right to Hindu women. The concept of “permanent union” or “eternal union” is only notional now. Under what circumstances dissolution of marriage can take place? [UPJS 1986]
Q. 4. What do you understand by ”void” and ”voidable” marriages. Illustrate you answer. [UPJS 1986, 2003]
Q. 5. Explain the concept of ‘desertion’ under the matrimonial law of Hindu and refer to decided cases. Can a husband compel his wife to resign her job and stay with him? Does her refusal to do so amount to desertion?
Q. 6. With the help of decided cases discuss the concept of cruelty and impotence. What remedies can a Hindu wife under Hindu Marriage Act, 1956 and Muslim wife under Dissolution of Muslim Marriages Act, 1939 Claim against the husband on the above grounds? [UPJS 1991]
Q. 7. ‘G’ was granted divorce by the court against ‘J’. ‘G’ got remarried before the expiry of the period of appeal. ‘J’ filed an appeal against divorce and it has been granted. Discuss the legality of the second marriage of ‘G’. Will it make any difference, if the appeal is dismissed? [UPJS 1992]
Q. 8. Discuss in brief, various grounds on which decree of divorce may be granted under the Hindu Marriage Act, 1955.
“A” files a petition for divorce on the ground that he cannot move in society with his wife who had been gang raped and it is a kind of cruelty on him. Decide. [UPJS 2012]
Q. 9. State the grounds on which a ’decree for judicial separation’ may be obtained under the Hindu Marriage Act, 1955. How does a ’decree for judicial separation’ differ from a ‘decree of divorce’? [UPJS 2016]
Q. 10. C was granted divorce by the Court against P. C got remarried before the expiry of the period of appeal. P filed an appeal against the order of divorce and it has been granted. Discuss the legality of the second marriage of C. Will it make any difference if the appeal is dismissed? Both the parties are Hindu. [UPJS 2016]
DELHI JUDICIAL SERVICE
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. A Hindu Marriage is a sacrament not a contract. Discuss and examine whether the concept is effective after the enactment of the Hindu Marriage Act, 1955. [DJS 1990]
Q. 2. Are the following marriages valid under Hindu Marriage Act, 1955 and what remedies are open to the Wife?
- The husband had a wife, at the time of marriage the first marriage having been performed in England before 1955.
- The age of the bride at the time of marriage was below 15 years. [DJS 1990]
Q. 3. The parents of a 16 years old Hindu Girl solemnized her marriage in contravention of provision of section 5(iii) of Hindu Marriage Act. This offence is punishable under section 18 of the said Act. On a complaint filed by one of the relatives the parents of girl are convicted under section 18 of Hindu Marriage Act and sentenced to undergo imprisonment of 15 days each. The husband of the girl challenges the marriage on the ground that it was in contravention of provision of Hindu Marriage Act. Decide. [DJS 1999]
Q. 4. Point out and discuss the conditions for a valid Hindu marriage under the Hindu Marriage Act, 1955. [DJS 2000, BJS 2014]
RESTITUTION OF CONJUGAL RIGHTS (S. 9)
Q. 1. At the time of marriage between two Hindus, which took place on January 11, 1986 the husband ‘H’ and the wife ‘W’ were gainfully employed in Delhi. After the marriage certain misunderstanding appeared to have broken out between them, whereupon ‘H’ got himself transferred to Jaipur and ‘W’ remained in Delhi. 1989 ‘H’ files a petition against ’W’ for restitution of conjugal rights. The defence of ’W’ is: (i) that ’H’ himself got transferred and even now he can come back to Delhi and (ii) that in view of the ill treatment on her by ‘H’ and his bad habits she does not want to leave her job. Discuss whether the restitution be granted. [DJS 1989]
Q. 2. What are the legal provisions regarding restitution of Conjugal rights and judicial separation under Hindu Marriage Act? Discuss in the light of case law? [DJS 1996]
Q. 3. At the time of marriage between two Hindus, which took place on July 11,1999, the husband ‘H’ and the wife ‘W’ were employed in Delhi. After the marriage certain misunderstandings arose between them, whereupon H got himself transferred to Jaipur and W remained in Delhi. In 2005, ‘H’ files a petition against ‘W’ for restitution of conjugal rights. The defence of W is:
- that H himself got transferred and even now he can come to Delhi and;
- that in view of the ill treatment on her by H and his bad habits, she does not want to leave her job. Discuss whether restitution be granted. [DJS 2006]
Q. 4. Radha, a school teacher gets married to Raman an engineer. They both were living in Delhi. In 2004, Raman got a job in Bangalore and so he went to Bangalore. Radha, refused to join him since she did not want to leave her permanent job in the government school. Raman insisted her to join him in Bangalore and when she refused, he filed a suit for restitution of conjugal rights against Radha. Will Raman succeed? What do you understand by the term Matrimonial home? Who has a right to decide the suit of matrimonial home. [DJS 2006]
JUDICIAL SEPARATION (S. 10)
Q. 1. Parties to the suit were married in the year 1975. Wife did not conceive. It was found that she was incapable of conceiving a child. In the year 1978 husband filed a petition for decree of nullity under section 12(1)(a) of the Hindu Marriage Act. Decide giving reasons.[DJS 1979]
Q. 2. M, the wife of G (both Hindus) in a petition for divorce alleged that she had been receiving insulting treatment from her parents-in-law which amounted to legal cruelty. The court found that as a matter of fact the allegation was true but G was not in any way involved in it. Will M succeed? [DJS 1989]
Q. 3. (a) What are the grounds on which a Hindu can seek divorce under the Hindu Marriage Act, 1955? [DJS 1991]
(b) Is there any provision for divorce by mutual consent in the Hindu Marriage Act. 1955? Discuss. [DJS 1991]
(c) A married B on 15.12.1978. B alleged that her husband A treated her with cruelty and she filed a petition for divorce on the ground of cruelty under section 13(1) (i-a) of the Hindu Marriage Act, 1955 in the Court of District Judge on 31.3.1979. Can B succeed in the Court? Discuss. [DJS 1991]
Q. 4. A and B were married in Delhi in 1954, At that time, A (wife) was 16 and her husband B was 30 years of age. Parties lived in Delhi for 10 years and then they moved to various other places where the husband had been transferred.
The allegation of the wife is that the husband was found to be impotent from the very beginning and that he had no “erection” and sometimes, he would “discharge” before he could perform the Act. On the advice of the wife, the husband started getting treatment and thereafter on one of two occasions, there was “erection” and “penetration”. a child was born to A. But thereafter, the husband could not perform the sexual act. Thus the earlier improvement in the husband was only a temporary phase.
On the above allegations. A applied for a decree of Judicial Separation.
Husband denied all allegations and stated that he had full and complete sexual life. The birth of child was also quoted as an evidence of the husband’s potency.
How would you decide? Give reasons. [DJS 1991]
Q. 5. Mahesh and Meera (Both Hindus) are husband and wife and are living very decently.
Mahesh in connection with his business has generally to go out of towns on tours and sometimes even for a week or more. Once on his return from tour, he found a letter addressed to Meera, his wife. He opened the letter and found that his friend Naresh had written the letter to thank Meera for her stay with him for two days in local hotel When husband was away. Mahesh then showed the photocopy of letter to Meera, Who denied having any intimacy with Naresh. However, she left the matrimonial home under Unbearable pressure from Mahesh and started living with her parents. Mahesh then applied for divorce. Will he succeed? What defence is available to Meera? Discuss. [DJS 1996]
Q. 6. Apostacy does not automatically dissolve a marriage already solemnized under the Hindu Marriage Act, 1955. Discuss with relevant case law. [DJS 2005]
Q. 7. ‘A’ Hindu male got married to ‘B’ a Hindu in 1989 in his village. ‘A’ after 2 years of marriage developed illicit relations with ‘C’ because of which has marital relations with ‘B’ were strained. ‘B’ left ‘A’s house and started living with her parents. ‘A’ pleaded with the local panchayat that he may be granted divorce, both ‘A’ and ‘B’ were heard by the Panches and deed of divorce was drawn up by the Panches and published according to customs applicable to the parties in 1995. Thereafter ‘A’ got married to ‘C’ a reconvert-lingayat according to his customs. ‘B’ is against their marriage and claims to be the legally wedded wife of ‘A’ alleging that their marriage was not dissolved by a court decree. Can ’A’ be prosecuted for bigamy? Is his second marriage valid? Decide with reasons. [DJS 2006]
Q. 8. Ajay and Vibha are husband and wife, having married under Hindu rites. Unhappily, they do not seem to get along. Ajay is rude and abrasive. He taunts her and her family members on, almost a daily basis. Though he has never used physical force, he has threatened to kill her in her sleep. After suffering the torment for a considerable length of time, she files for divorce on the ground of cruelty.
You are to decide the case in the backdrop of the statutory provisions and the case law. [DJS 2008]
Q. 9. A law of divorce based mainly on fault is inadequate to deal with a broken marriage. Discuss in the context of prevailing provisions of the Hindu Marriage Act, 1955 and development of case law on this aspect. [DJS 2008]
Q. 10. ‘H’, a divorcee, married ‘W’ in the year 2005. ‘H’ discovers in the year 2008 that ‘W’ was already married to ‘N’ in London and had married him without obtaining divorce from ‘N’. ‘H’ alleges that ‘W’ never informed him regarding the previous marriage. Immediately, in the year 2008 ‘W’ obtains a decree of nullity of marriage with ’N’.
What is the legal status of the marriage of ’H’ and ’W’ and a daughter born during their wedlock? Would it make any difference to the legal status of their marriage and their daughter, if ’W’ obtained a decree of divorce instead of a decree of nullity againsI ’N’? [DJS 2011]
Q. 11. Write short note on desertion as a ground for divorce under the Hindu Marriage Act, 1955. [DJS 2014]
Q. 12. What are the grounds on which divorce may be obtained under the Hindu Law? [DJS 2015]
Q. 13. Surender, aged about 28 years, and Rekha, aged about 26 years, fell in love with each other. They got married as per Hindu customs and rites. However, since the first day of marriage matrimonial disputes arose between them. The marriage could not be consummated. Both of them were software engineers. They got high profile jobs; multinational companies in different countries. They mutually decided to dissolve their marriage by a decree of divorce. They filed a petition for dissolution of marriage by a decree of mutual consent. There was no misrepresentation of facts before the court. The petition was filed within two months from date of marriage. The trial court refused to entertain the petition by observing that case did not fall within ambit of exceptional hardship’. Do you support decision of trial court? Answer with reasons. [DJS 2005]
Q. 14. Rajiv and Savita were married in 1973. In 1983, Savita filed a petition for divorce on the grounds of cruelty. Rajiv, in written statement, had levelled very serious allegations of adultery. Subsequently, Rajiv withdrew allegations of adultery by amending written statement. The trial court held that allegations levelled by Savita were instances of ordinary wear and tear of life. But the trial court further held that wild allegations of adultery made by Rajiv in his written statement are sufficient to establish cruelty. The marriage was dissolved by a decree of divorce. The trial court, however, did not take notice of withdrawal of allegations of adultery by Rajiv against Savita. Do you support decision of the trial court? Answer with reasons. (DJS 2005)
JURISDICTION AND PROCEDURE (S. 19-28A)
Q. 1. ‘H’ files a petition against wife ‘W’ for divorce on the ground of adultery. ‘W’ files a petition against ‘H’ seeking restitution of conjugal rights. During the pendency of both the petitions, ‘H’ and ‘W’ mutually resolve to get separated by mutual consent and move for conversion of petition filed by ‘H’ seeking divorce to seeking divorce by mutual consent.
Can they also move for conversion of petition seeking restitution of conjugal rights to one seeking divorce by mutual consent? What according to you are the requirements to be satisfied for grant of divorce by mutual consent? [DJS 2011]
MISCELLANEOUS
Q. 1. Discuss the importance of Hindu Marriage Act, 1985 and the Hindu Succession Act, 1956 in the comparison to the laws prevailing prior to their commencement state some of the important features of the said two enactments. [DJS 1971]
Q. 2. In a petition for divorce wife files an application under section 27 of Hindu Marriage Act claiming some jewellery which was presented to her at the time of reception after about a week of her marriage. Can the court pass order under section 27 on the Act? Section 27 of Hindu Marriage Act.
In any proceeding under this Act the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and wife.” [DJS 1999]
Q. 3. What is the scope of section 27 of the Hindu Marriage Act, 1955 for disposal of property of Hindu spouse? Discuss. [DJS 2000]
JHARKHAND JUDICIAL SERVICE
NATURE, CONDITIONS AND CEREMONIES FOR A HINDU MARRIAGE AND REGISTRATION OF MARRIAGE (S. 5 -8)
Q. 1. Pointing out the conditions of a valid Hindu marriage under the Hindu Marriage Act. 1955, state the effects of violation of each of those conditions on the validity of the marriage. [JJS 2014]
NULLITY OF MARRIAGE AND DIVORCE (S. 1-18) JHARKHAND.
Q. 1. Distinguish between “Void” and “Voidable” marriages as also the essentials of a valid marriage under Hindu Marriage Act, 1955. [JJS 2001]
BIHAR JUDICIAL SERVICE
NULLITY OF MARRIAGE AND DIVORCE (S. 1-18)
Q. 1. M, having living wife, marries a Sikh girl by undergoing three ceremonies of marriage at different times before full moon, Goddess Kali and Guru Granth Sahib. M is prosecuted for bigamy. Decide. [BJS 2014]
HINDU MINORITY AND GUARDIANSHIP ACT, 1956
HARYANA JUDICIAL SERVICE
NATURAL GUARDIANS (S. 6-7)
Q. 1. Who are the natural guardians of a Hindu minor? What are their power? Discuss. [HJS 1986]
Q. 2. A young woman after the death of her husband was forced to leave her four-year old child with her in-laws at Ambala. Thereafter she started living with her parents at Hoshiarpur. She filed a petition for custody of the child at Hoshiarpur. Decide, if the civil court at Hoshiarpur has territorial jurisdiction to decide the case under the relevant provisions of the Guardian and Wards Act, 1890, read with the relevant provisions of Hindu Minority and Guardianship Act of 1956. [HJS 2006]
Q. 3. Can a mother be the natural guardian in the presence of non-caring father under the provisions of Hindu Minority and Guardianship Act, 1956? [HJS 2007]
Q. 4. Distinguish the concept of ‘legitimacy’ under Muslim law from the concept of ‘Legitimation’ under modem Hindu law. [HJS 2007]
Q. 5. Discuss the law relating to natural guardian of a Hindu minor. Does the law discriminate on the basis of sex? [HJS 2009]
POWER OF NATURAL GUARDIANS (S. 8)
Q. 1. Discuss the law relating to the custody of a child by the mother, under the Hindu Minority and Guardianship Act, 1956, in the light of the latest development in law. [HJS 2010]
Q. 2. Write short note on Law relating to Custody in India. [HJS 2011]
TESTAMENTARY GUARDIANS AND THEIR POWERS (S. 9)
Q. 1. Write short note on Testamentary Guardian [HJS 1996]
Q. 2. The consideration governing the custody of children is the ‘welfare of the children’ and not the rights of the parents. But the expression ‘welfare of the children’ admits no straight jacket yardstick.’ How do the custody courts resolve this predicament? Illustrate your answer through some judicially decided cases. [HJS 2006]
Q. 3. F a Hindu father, in his will appointed B, his brother, as a guardian of his son aged 10 years, ignoring the mother of the child. Whether the fathers will would be effective? [HJS 2009]
PROVISIONS RELATED TO MINOR’S PROPERTY AND HIS WELFARE (S. 10-13)
Q. 1. Write short note on Lawful guardian of a minor widow. [HJS 1998]
Q. 2. A and B get married at Panchkulla. Thereafter, they got work permit an shifted to Atlanta in the USA. A daughter C was born to them in Atlanta within one year of their stay there. Shortly thereafter, A finds his wife to be having illicit relations with their countryman Z, who holds green card in the USA. B gets pregnant through Z. When A finds out all this, she aborts the child. By now A has ample evidence of B’s misdemeanour. Thereafter, A comes back to India with C who is three year old now. A filed a suit for being appointed the guardian of C before the Guardian Judge, Panchkulla. Meanwhile, having learnt that A has fled with her daughter to India, B filed a criminal case against A in the USA and obtains arrest warrants against him B also files a custody petition in the USA wherein the court grants an ex-parte decree in her favour. B comes to Panchkulla and applies for the execution of the ex-parte custody decree in the court of Civil Judge, Senior Division, Panckulla. B also raises the said decree in defense to guardian proceedings initiated by A.
In the light of this fact situation, answer the following:
- Discuss the objections that A can take to the execution petition of B. In how many ways can A challenge the said decree?
- Discuss the defense of B in guardian proceedings. Can the USA court decree entitled her to defeat the guardian court proceedings in the light of her conduct? [HJS 2007]
Q. 3. M a Hindu mother, sells a 10 marla plot of her son aged 16 years, for donation to a Medical College, for getting him admitted to M.B.B.S. Course. Is the sale valid? [HJS 2009]
Q. 4. ‘X’ meeting as de facto guardian of a Hindu child aged 12 years. ‘X’ intends to dispose of the property of such child. Can he do so? Refer to the provisions of the Hindu Minority and Guardianship Act. [HJS 2010]
RAJASTHAN JUDICIAL SERVICE
NATURAL GUARDIANS (S. 6-7)
Q. 1. Who are the natural guardians of a Hindu minor? If there is a dispute for the custody of a minor between father and mother, how should the court decide? [RJS 1986]
Q. 2. Who are natural guardians of a son in Hindu Law? [RJS 1991]
Q. 3. Who is a de facto guardian of a Hindu minor? Can he dispose of the minor’s property for the latter’s education and moral welfare? [RJS 1999]
POWER OF NATURAL GUARDIANS (S. 8)
Q. 1. Who is the natural guardian of a Hindu-minor in the case of a boy or an unmarried girl? [RJS 1980-81]
Q. 2. What are the powers of natural guardian? [RJS 1988]
Q. 3. Compare the powers and duties of a natural guardian of a Hindu minor under the ordinary Hindu Law with the powers and duties of such guardian under the Hindu Minority and Guardianship Act, 1956. Do they differ from the powers and duties of a guardian appointed by the Court under the Guardian and Wards Act and to what extent? [RJS 1974]
TESTAMENTARY GUARDIANS AND THEIR POWERS (S. 9)
Q. 1. Who is a testamentary guardian? [RJS 1984, 1986]
PROVISIONS RELATED TO MINOR’S PROPERTY AND HIS WELFARE (S. 10-13)
Q. 1. Under the Hindu Minority and Guardianship Act, 1956 in what circumstances a court can grant permission to the natural guardian to deal with the immovable property of a minor? [RJS 2016]
UTTAR PRADESH JUDICIAL SERVICE
NATURAL GUARDIANS (S. 6-7)
Q. 1. “Once a partition made, once is a damsel given in marriage, Once does a man say I give these’ are by goodmen done once for all.” (Manu) Explain. [UPJS 1999]
Q. 2. Who are the natural guardians of a minor under the Hindu Minority and Guardianship Act, 1956 and what are their powers? Can the mother of a minor become first or equal guardian when the father is alive? Explain. [UPJS 2012]
BIHAR AND JHARKHAND JUDICIAL SERVICE.
POWERS OF NATURAL GUARDIAN (S. 8)
Q. 1. “Hanooman Prasad Pandey v. Mussamat Babooee Munraj Koowar, (1856) 6 MIA. 393 is still relevant. Comment. [B&JJS 1987]
TESTAMENTARY GUARDIANS AND THEIR POWERS (S. 9)
Q. 1. Examine the significance of ‘Guardianship in marriage’ under the:
- Hindu Law
- Hindu Marriage Act. Who are such guardians who may themselves marry the
girl? [B&JJS 1977]
Q. 2. Write a short essay on the custody and management of the property of a Hindu minor’s property by his testamentary guardian who is himself a minor. [B&JJS 1987]
JHARKHAND JUDICIAL SERVICE
POWER OF NATURAL GUARDIANS (S. 8)
Q. 1. What are the powers of a natural guardian under the Hindu Minority and Guardianship Act, 1956? Can a minor challenge actions of a guardian, if so, when and how? [JJS 2001]
HINDU SUCCESSION ACT, 1956
RAJASTHAN JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q .1. What is a ‘Codicil’? [RJS 1984]
INTESTATE SUCCESSION (S. 5-29)
Q. 1. What are the essential changes brought about in the status of a Hindu female under the Hindu Succession Act, 1956? Where a coparcener dies intestate, leaving him a surviving female heir as well as male heirs, specified in Class I of the Schedule, how would his undivided interest in the coparcenary be devolved in such an event? Does it cease to exist? [RJS 1977]
Q. 2. What is “intestate succession”? [RJS 1986]
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. A and his sons B and C were members of a Mitakshara coparcenary. C took his share of the joint property and separated himself from the family and A and B continued to be joint. A dies intestate leaving him surviving a daughter D and his two sons. A left his separate property also. How will A’s property devolve upon his heirs? What is the effect of Hindu Succession Act, 1956 in the given case? [RJS 1969]
Q. 2. How will the interest of a Hindu male dying intestate after the coming into force of the Hindu Succession Act devolve, in coparcenary property as well as in his self acquired property?
A and his sons S1 and S2 were members of a Mitakshara coparcenary. S1 took his share and separated himself while A and S2 continued to remain joint. In the year 1960, A died intestate leaving him surviving a widow W and a daughter D and the two sons S1 and S2. Describe the share which each one of the aforesaid persons would obtain from the coparcenary property as well as from A’s self acquired property, giving reasons for your view. [RJS 1975]
Q. 3. ‘A’ an unmarried woman adopts a daughter ‘D’. Subsequently she marries ‘H’ and has a son ‘S’ by him. On the death of ‘H’ his property will devolve upon whom? [RJS 1986]
Q. 4. A male Hindu dies intestate leaving behind:-
- Daughter’s son’s son
- Son’s daughter’s son
- Sister’s son Distribute his self-acquired property. [RJS 1988]
Q. 5. How will the ancestral property of a deceased Hindu be divided if he leaves a widow, two sons and a daughter at the time of his death? [RJS 1991]
Q. 6. How does the self-acquired property of a Hindu Male dying intestate devolves? [RJS 1992]
Q. 7. Discuss the rules governing the devolution of property of Hindu male dying intestate among heirs in class I and II of the Schedule appended to the Hindu Succession Act, 1956. [RJS 2015]
PROPERTY OF A FEMALE HINDU (S. 14)
Q. 1. A Hindu widow sold without legal necessity in 1950 a house which had been left by her husband. In 1954 the next reversioner obtained a decree for a declaration that the sale would be void after her death. The widow died in 1958. The next reversioner filed a suit for possession of the house. The vendee pleaded section 14 ot the Hindu Succession Act, 1956, in defence. Decide. [RJS 1971]
Q. 2. (a) Distinguish between a Full owner and a Limited owner.
(b) B a female Hindu acquires property under a decree of a civil court but the decree prescribes in his favour only a restricted estate in such property. 8 gets possession of this property. Is B a Full owner or a Limited owner? [RJS 1976]
Q. 3. What are the various modes of acquiring ‘stridhan’ under Hindu Law? [RJS 1992]
Q. 4. What is stridhan? [RJS 1999, DJS 2015]
SUCCESSION IN CASE OF HINDU FEMALES (S. 15-16)
Q. 8. A female Hindu, who inherited property from her father, died issueless in 1958. Her brother’s son filed a suit against her husband, claiming the properties which she had inherited from her father. Decide. [RJS 1971]
Q. 9. A female Hindu dies intestate. State on whom the property would devolve? [RJS 1986]
Q. 10. What are the general rules of succession to property in the case of a female Hindu dying intestate? [RJS 1994]
GENERAL PROVISIONS RELATING TO SUCCESSION (S. 18-28)
Q. 1. What are the rights of a female heir in a dwelling house occupied by members of Hindu Undivided family? [RJS 1994]
MISCELLANEOUS
Q. 1. To which class I or II of the Schedule to the Hindu Succession Act following heirs belong?-
- Father
- Mother [RJS 1989]
Q. 2. Describe the facts and principles of law laid down in V . Tulasamma v. Sesha Reddi, AIR 1977 SC 1944. Any subsequent reported case of the Supreme Court in which it has been followed be also mentioned. [RJS 1988]
Q. 3. Who are heirs of class I in Hindu Law? [RJS 1991]
Q. 4. What is the right of a child in womb under the Hindu Succession Act? How the distribution of property shall be affected after his birth? [RJS 1999]
Q. 5. Enumerate class I heirs under the Hindu Succession Act, 1956. [RJS 2011]
Q. 6. Mention the significant changes introduced in the Hindu Succession Act, 1956 by way of Hindu Succession (Amendment) Act, 2005? [RJS 2014]
DELHI JUDICIAL SERVICE
PRELIMINARY (S. 1-4)
Q. 1. Can the Hindu Marriage Act, 1955 or the Hindu Succession Act, 1956 apply to an Indian who is not a Hindu, Buddhist, Jain or Sikh and is an atheist? Why? [DJS 2008]
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. A Hindu, who has a Hindu wife and children, embraces Islam and marries a Muslim wife and begets children. On his death his Hindu widow and children claim a share in his assets. Are they entitled to a share? [DJS 1990]
Q. 2. X belongs to a Hindu family governed by the custom of male linear primogeniture. X has two sons A and B and a daughter C. X died in 1960. A claims the entire estate left by X as he is the oldest male heir. B and C have filed a suit for partition claiming their shares under the Hindu Succession Act, 1956. Decide the case? [DJS 2008]
PROPERTY OF A FEMALE HINDU (S. 14)
Q. 1. What new changes have been brought about with regard to the property held by a female by the Hindu Succession Act. Substantiate your answer. [DJS 1973]
Q. 2. R, a Hindu widow, inherited suit property from her husband. N, the next reversioner, filed a suit for possession on the ground of unchastity. The suit was compromised in 1950. R agreed to continue to have limited estate as a widow with no right to alienate the property. She however sold the same to M in 1972. On her death in 1972 N filed a suit for possession. M resisted on the plea that R had become full owner under section 14 of the Hindu Succession Act, (Section reproduced).
Write a judgment deciding the case. [DJS 1976]
Q. 3. A widow of last Hindu male holder gifted property to “B” in 1946. A decree was obtained by the reversioners that the said alienation would not effect their reversionary rights. Subsequently “A” validly adopted “B” as son. On death of the widow the reversioners field a suit for possession of the property against “B”. “B” contested the suit pleading that he at any rate has inherited the property. Decide. [DJS 1984]
Q. 4. Elucidate and illustrate the law on widow’s right to her husband’s estate, in light of Section 14 of the Hindu Succession Act. [DJS 2000]
Q. 5. Write short note on Female Hindus Property Rights under Section 14 of the Hindu Succession Act, 1956 [DJS 2014]
SUCCESSION IN CASE OF HINDU FEMALES (S. 15-16)
Q. 1. A Hindu male ’M’ died in 1974 leaving behind a widow, two sons and a married daughter. He owned only one dwelling house in which he was living with his family. He did not make any Will. After his death his married daughter filed a suit for partition of house to claim her share therein. The other LRs of deceased contested the case on various grounds and denied that she inherited any share in the house or she was entitled to decree of partition. Decide. [DJS 1999]
GENERAL PROVISIONS RELATING TO SUCCESSION (S. 18-28)
Q. 1. A and his wife B had three daughters. A made a registered will on 19.3.1929 bequeathing his properties to B for life for maintenance and after her properties to be given in three equal shares to daughters including the plaintiff. On 20.7.1972, B gave shares to two daughters excluding the plaintiff. B retained the share of plaintiff, and later gave the same to another daughter. B died on 9.10.1977. The plaintiff filed a civil suit for claiming her share on basis of will executed by A on 19.3.1929. Decide. [DJS 2005]
MISCELLANEOUS
Q. 1. S, a Hindu, was owner of 150 bighas of land. On his death it was inherited by his widow M. M in the year 1952 alienated 20 bighas of land of value of about 80,000/for religious and charitable purposes. R the next reversioner filed a suit for declaration that the alienation was void and illegal and would not be binding on his reversionary interest.
How will you decide the case. Give reasons. [DJS 1976]
Q. 2. A Hindu having a wife and two sons converted to Mohammedanism and married a Muslim lady and had two sons from her. State who shall inherit his property on his death and in what shares? [DJS 1982]
Q. 3.What are the significant amendments made in the Hindu Succession Act in the year 2005 so far as rights of females are concerned? [DJS 2007]
Q. 4. In the context of the Hindu Succession Act, 1956 as it stands today, do you think that males and females have equal rights? Discuss with reference to specific provisions. [DJS 2008]
Q. 5. What is the effect of the Hindu Succession (Amendment) Act, 2005 on the rights of Hindu women? [DJS 2015]
BIHAR AND JHARKHAND JUDICIAL SERVICE
INTESTATE SUCCESSION (S. 5-29)
Q. 1. Discuss the precise ambit of a son, Son’s son and son’s son liability under Hindu Law to pay the debt contracted by his ancestor. Refer to case-law on the point. [B&JJS 1975]
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. X a Kshatriya male died on 1st January, 1956 leaving his self acquired properties. At that time he had:
- two wives one belonging to scheduled caste and the other Brahmin by caste,
- an adopted son,
- two subsequently born aurasa sons by each wife,
- an illegible daughter, and
- mother.
How would you distribute the property? Would it make any difference if he had died in 1957? [B&JJS 1977]
Q. 2. Are any formalities needed in case of a Hindu Bill? Examine the validity of a Hindu Bill which makes provision for an estate to pass on to the male heirs in order of succession excluding the female heirs. [B&JJS 1984]
Q. 3. What are Class I and Class II liens of a Hindu male? Narrate them and give rules of distribution of the property of intestate among them. [B&JJS 1991]
Q. 4. How will the property of a Hindu male dying intestate devolve on his death under the Hindu Succession Act, 1956? [B&JJS 2000]
PROPERTY OF A FEMALE HINDU (S. 14)
Q. 1. Though the word ‘possessed’ in Section 14 of the Hindu Succession Act, 1956 has been interpreted liberally some kind of possession must be with the widow in order that Section must apply’. Comment, with illustrations. [B&JJS 1975]
Q. 2. Write short but critical note on Stridhan and Woman’s Estate [B&JJS 1984]
SUCCESSION IN CASE OF HINDU FEMALES (S. 15-16)
Q. 1. Discuss the provision of the Hindu Succession Act, 1956 regarding the devolution of property of a Hindu woman dying intestate. [B&JJS 1980]
Q. 2. Give the list of heirs of a deceased married Hindu female as provided in the Hindu Succession Act, 1956. [B&JJS 1987]
GENERAL PROVISIONS RELATING TO SUCCESSION (S. 18-28)
Q. 1. The Hindu Succession Act, 1956, seeks to disqualify certain categories of person from inheriting the property of an intestate.
Explain the nature and scope of the disqualification and its effect on the mode of devolution of such property. [B&JJS 1975]
MISCELLANEOUS
Q. 1. H, a Hindu bequeaths the whole of his property to W and thereby disinherits his son S. Discuss the validity of the transaction. [B&JJS 1980]
Q. 2. Write a note on the son’s obligation to pay father’s debts. [B&JJS 1986]
HARYANA JUDICIAL SERVICE
INTESTATE SUCCESSION (S. 5-29)
Q. 1. Write short note on Pious obligation. [HJS 1996]
Q. 2. “The Hindu Succession Act, 1956 has made serious inroads in the Mitakshara principle of survivorship”. Discuss in the light of section 6 of the Act. [HJS 2001]
Q. 3. Critically examine the impact of the Hindu Succession (Amendment) Act, 2005 on the Mitakshara concept of coparcenary. [HJS 2007]
Q. 4. Critically evaluate the consequences of the amendments made in the Hindu Succession Act, 1956, in 2005 in relation to the concept of coparcenary and dwelling house. [HJS 2009]
Q. 5. Explain what is deemed partition under the Hindu Succession Act, 1956. [HJS 2010]
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. A Hindu male died in 1987, leaving behind the following sets of heirs. Divide his property:
- Son (S), Daughter (DD), Father (F) Grand-Son’s Widow (SSW).
- Daughter (D), Mother (M), Widow (W), Son’s Widow (SW), and Father (F).
- Brother (B), Son’s Daughter’s Son (SDS) and Daughter’s Son’s Son (DSS). [HJS 1999]
Q. 2. A Hindu ‘H’ and his wife ‘W’ had a son ‘S’ and the daughter-in-law ‘D’. ‘H’ died prior to ‘W’. Son ‘S’ also died prior to ‘W’ Property of ‘W’ was claimed by her husband’s brother’s son who was already in possession of the said property. Can ‘D’ successfully claim the property of ‘W’ after the death of ‘W’? Discuss with the case law. [HJS 2000]
Q. 3. A Hindu male died intestate leaving behind widow, father, a son who has converted to Islam, a married daughter and other son’s widow who is residing with her parents. How and to whom his property will devolve? [HJS 2001]
Q. 4. A Hindu male died intestate, leaving behind an adopted son, an illegitimate son, a married 4daughter, mother and father. How and to whom his property will devolve? [HJS 2003]
Q. 5. A male Hindu died intestate, leaving behind an adopted son, a legitimate son, a married daughter and a mother. Who and how much share, each will get in A’s property? [HJS 2009]
Q. 6. How would the separate property of the deceased be distributed under Mitakshara law in the following cases? Explain by giving reasons.
- A Hindu dies, leaving behind a widow, an adopted son and an after born natural son.
- A Hindu dies, leaving behind a widow and a son of a predeceased son.
- A Hindu dies, leaving behind a mother’s sister’s and a father’s half-sister’s son. [HJS 2010]
Q. 7. Calculate the shares of X’s heirs assuming he had only HUF property when he died on 1.1.2000 leaving a widow, a mother, a step mother, two sons, two married daughters
(one married in 1980 and the other in 1989), one unmarried daughter, ten grandchildren of whom four are children of a predeceased son and a predeceased daughter married in 1990 (each having a son and daughter).
Give reasons for inclusions, exclusions and quantum of shares. What is the nature of property in the hands of each heir?
X has left behind considerable debts also. Who should pay the same and to what extent? These are his debts:-
To workers Rs. 30,000/-
To temple priests for ceremonies Rs. 10,000/-
To local shopkeeper for groceries Rs. 3,000/-
To local liquor shop Rs. 5,000/-
In the light of this, how far does Mitakshara law play a role in Hindu Law? [HJS 2011]
Q. 8. Critically examine the character of property inherited by the son from his father in his hands vis-a-vis his son under the provisions of the Hindu Succession Act, 1956 in the light of their varying judicial expositions. [HJS 2015]
Q. 9. Mahendra Nanda was a rich man owning a lot of property. H is the owner of over 100 acres of land at Karnal, a huge mansion in the heart of Delhi and bank deposits worth several crores of rupees in India and abroad. He had two sons Sahil Nanda and Kapil Nanda and two daughters, Rekha and Ritu. Several years back, when Sahil and Rekha were returning from work, their car crashed and both of them died on the spot. Sahil had two sons, Keshav and Kamal and a daughter, Vaibhavi. Of them, Kamal was the eldest one who had died of heart disease few years after his marriage even before Sahil lost his life in the car crash. Kamal is now survived by his widow, Aarti and two children-a son (Anant) and a daughter (Prerna). Keshav and Vaibhavi are unmarried. Sahil’s widow is also alive. On the other hand, Rekha is survived by a son (Rishabh) and a daughter (Riddhi). Kapil and Ritu are alive and unmarried. Mahendra Nanda died intestate few months back and is survived by the people as can be inferred from above in addition to his widow and mother. Keeping the aforementioned configuration in mind, determine the shares of each of the surviving members in Mahendra Nanda’s property as per the Hindu Succession Act, 1956. [HJS 2013]
PROPERTY OF A FEMALE HINDU (S. 14)
Q. 1. Section 14 of the Hindu Succession Act, 1956 makes property of a female Hindu to be her adoptive father or mother for all purposes with effect from the date of adoption. [HJS 1986]
Q. 2. The real brothers Hukam Singh and Sukh Ram and Sukhram’s Son Chhidda-constituted a Joint Hindu Family governed by the Beneras School of Mitakshara law under which a Coparcener without obtaining the consent of the other Coparcener was not competent to sell his undivided share for his own benefit. Hukum Singh died in the year 1952 and his widow Krishna Devi on 15.11.1956 sold 1 / 2 share in the family house and shop to Gauri Shanker. Sukhram and Chhidda filed a suit which was contested upto the Supreme Court of India. Discuss the following and refer recent case law .
- Whether the sale deed is liable to be cancelled.
- Whether the Hindu Widow’s right in the property of the Joint Hindu Family became larger than her deceased husband.
- Whether the Hindu Widow Krishana Devi continued to have only a limited interest.
- Whether the Hindu Widow Krishana Devi had already become absolute owner. [HJS 1999]
Q. 3. When does a Hindu Widow get absolute ownership of a property if the property is given to her as limited owner by virtue of an instrument like ’Will’? Illustrate with case law. [HJS 2000]
Q. 4. What are the effects of the remarriage by a Hindu Widow on inheritance before and after the Hindu Succession Act? [HJS 2000]
Q. 5. A Hindu male bequeathed his property to his wife for life in lieu of maintenance. He died in 1954. His widow gifted the property to his brother’s daughter in 1961 and died in 1965. After her death, husband’s nephew challenged the transfer on the ground that the property was given only to enjoy for lifetime and after her death it would revert back to her husband’s heir. Decide. Refer to latest cases of the Supreme Court in this respect. [HJS 2003]
Q. 6. Apparently, there is a conflict between sub section (1) and sub-section (2) of section 14 of the Hindu Succession Act, 1956. How would you like to resolve this seeming conflict in the light of relevant case law? [HJS 2007]
Q. 7. What are the conditions that enable a female Hindu to hold the property possessed by her as “full owner thereof and not as limited owner” under the Hindu Succession Act, 1956? [HJS 2015]
Q. 8. Has the concept of ‘limited ownership’ of a female Hindu been done away under the Hindu Succession Act, 1956? Amplify your answer. [HJS 2015]
Q. 9. Seemingly, there is a conflict between sub-section (1) and sub-section (2) of Section 14 of the Hindu Succession Act, 1956, inasmuch as subsection (2) instantly takes away the gains of sub-section (1). How would you reconcile this seeming conflict and determine the respective ambit of both the sub-sections in the light of the propounding of 3-Judge bench decision of the Supreme Court in Tulasamma (1977). [HJS 2015]
SUCCESSION IN CASE OF HINDU FEMALES (S. 15-16)
Q. 1. Discuss the method of devolution of the property of a Hindu female dying intestate. [HJS 1984]
Q. 2. A Hindu female died in 1995 leaving her husband H, two daughters D and E, two sons of a pre-deceased son R and M her brother by her mother N, her step mother Y, and a widow of her brother Z. The deceased had inherited property from her father. Divide A’s property among her heirs. [HJS 1996]
Q. 3. A Hindu female is survived by her adopted son, natural born son and an illegitimate son. Upon whom her property will devolve and in what ratio? Cite relevant sections. [HJS 1998]
Q. 4. Who will be heirs of a female Hindu if she inherits the property from her relations? [HJS 2000]
UTTAR PRADESH JUDICIAL SERVICE
INTESTATE SUCCESSION (SECTION 5-29)
Q. 1. Briefly discuss the law of intestate succession to the property of a deceased Hindu. [UPJS 2006]
PROPERTY OF A FEMALE HINDU (S. 14)
Q. 1. A Hindu female after the promulgation of Hindu Succession Act, 1956 becomes the full owner of the property inherited by her in her possession. Are there any exceptions to this rule? [UPJS 1984]
Q. 2. (a) Discuss the status of a son adopted by a Hindu widow after the enactment of 1956, particularly with reference to ancestral properties of the deceased husband of the widow.
(b) Examine the scope of the benefits conferred on Hindu woman by section 14 of the Hindu Succession Act. Refer to decided cases. [UPJS 1987]
Q. 3. ‘A’ and ‘B’ are two brothers constituting a Joint Hindu Family. Before coming into operation of the Hindu Succession Act, 1956, ‘A’ brings a suit for partition, but dies during the pendency of the suit. His widow claims to be substituted for her husband and thus to continue the suit. Her claim is resisted by ‘B’ on the ground that the interest of ‘A’ has passed to him by survivorship. Decide. [UPJS 2000]
Q. 4. ‘A’, a Hindu died in 1948 leaving behind his wife ‘W’. ‘W’ took her husband’s properties as a limited owner. In 1954 ‘W’ made a gift of some lands to her niece ‘B’. ‘C’, a collateral of ‘A’ and presumptive reversioner sued for a declaration that the gift to ‘B’ is not binding on him. In 1959 ‘W’ adopted ‘B’s and ‘P’. Later in same year ‘W’ died. ‘C’ sued for possession of land.
Decide the case with the help of the decided cases. [UPJS 2006]
GENERAL PROVISIONS RELATING TO SUCCESSION (S. 18-28)
Q. 1. What are the grounds of exclusion from inheritance under the Hindu Succession Act? Can a lunatic inherit property. [UPJS 1985]
JHARKHAND JUDICIAL SERVICE
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. What is the effect of Hindu Succession Act, 1956 on the limited estate of a female after 1956? [JJS 2001]
Q. 2. Who will succeed to the self acquired property of a Hindu male dying intestate leaving behind him his father, mother, brother and a married daughter? Explain. [JJS 2014]
SUCCESSION IN CASE OF HINDU FEMALES (SS. 15-16)
Q. 1. State the provisions relating to intestate succession of a female Hindu under the Hindu Succession Act, 1956. [JJS 2014]
HINDU ADOPTION AND MAINTENANCE ACT, 1956
BIHAR AND JHARKHAND JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. Examine the scope of the rights, which a child adopted by or to a Hindu, acquires under the Hindu Adoptions and Maintenance Act, 1956. [B&JJS 1975]
Q. 2. Can a Hindu widowed mother who has remarried give her son from former husband in adoption? [B&JJS 1975]
Q. 3. What are the effects of adoption? Determine the share of the adopted in the following cases.
B an unmarried woman adopts a daughter D. Subsequently she marries H and has a son S by him. B and H both die together in a accident leaving their separate self acquired properties. [B&JJS 1977]
Q. 4. Explain the objects and purpose of the institution of adoption as developed in Hindu social organisation by referring to and relying upon, the provisions of textual law in respect of,
- the duty and capacity to adopt,
- the limitations imposed by law on powers of adoptive parents in making the choice of boy regarding his age and relationship with them,
- the necessary ceremonies of the complete ritual, and
- the status of the boy after a valid adoption.
State the extent to which these have been maintained or amended by
- the decisions of the Courts; and how by
- the provisions of Hindu Adoption and Maintenance Act, 1955. [B&JJS 1978]
Q. 5. (a) Discuss the legal effects of a valid adoption under the Hindu Adoption and Maintenance Act, 1956.
(b) The adopted son must bear the reflection of a son. Examine this statement, keeping in view the provisions of the Hindu Adoption and Maintenance Act, 1956. [B&JJS 1980]
Q. 6. (a) Examine the expression… “the adopted son must bear the reflection of a son”… and comment upon the statement that “the respective capacities of a male and female
Hindu to take in adoption vary”.
(b) Explain the powers of a Hindu widow to adopt under the Hindu Adoption and Maintenance Act,1956. [B&JJS 1984]
Q. 7. (a) Explain fully the essential conditions of a valid adoption. Can a valid adoption be revoked? [B&JJS 1986]
Q. 8. Write short note on Effect of a valid adoption. [B&IJS 1986, 2006]
Q. 9. Explain the doctrine of relation back in the law of adoption and after the leading cases, is the doctrine still applicable? [B&JJS 1987]
Q. 10. Who can give adoption? Who can adopt? What are the effects of adoption? [B&JJS 2000]
Q. 11. What are the effects of adoption? Can adoption be revoked? [B&JJS 2011]
MAINTENANCE OF WIFE, WIDOWED DAUGHTER-IN-LAW, CHILDREN AND PARENTS (S. 28)
Q. 1. When a Hindu is bound to maintain his widowed daughter-in-law and to what extent and under what conditions? [B&JJS 1987]
Q. 2. Is a Hindu bound to maintain his illegitimate children and, if so, under what conditions? Refer the relevant statutory provisions. [B&JJS 1987]
JHARKHAND JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. What is the effect of a valid adoption and cart such an adoption be cancelled under the Hindu Adoption and Maintenance Act, 1956? [JJS 2001]
BIHAR JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. What are the essential conditions for a valid adoption under the Hindu Adoption and Maintenance Act, 1956? Is it necessary to enquire into the motive of adoption? [BJS 2014]
HARYANA JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. P, a Hindu female aged 30 years, wants to adopt Q, a Hindu boy aged 12 years. Will the adoption be valid? [HJS 1984]
Q. 2. Explain requisites of a valid adoption. [HJS 1986]
Q. 3. (a) Who are the persons capable of giving a child in adoption and when is the permission of the court necessary in this regard?
(b) Are the following adoptions valid?
(i) Adoption of a 9 year old Parsi girl,
(ii) Adoption of a Hindu boy aged 16 years. [HJS 1988]
Q. 4. A died leaving behind widow A W and two daughters AD1 and AD2 with an amount of Rs. 60,000/-. Now his Widow adopts a son X. HOW much does X get? Give reason . [HJS 1996]
Q. 5. Write short note on the Persons capable of giving a child in adoption. [HJS 1998]
Q. 6. “The adopted boy must bear the reflection of Son”. Comment. [HJS 1999]
Q. 7. Can a Hindu woman after her divorce give her child in adoption without the consent of her divorced husband? [HJS 2000]
Q. 8. Can a Hindu male after his divorce give his child in adoption without consent of his divorced wife? [HJS 2000]
Q. 9. What are the effects of adoption on:
- Right to remarriage?
- Inheritance?
- Obligation to maintenance? [HJS 2000]
Q. 10. A mother gives her only son in adoption though father of the boy is alive at the time of adoption. Discuss if the adoption is valid under any circumstances in the light of the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956. [HJS 2006]
Q. 11. Discuss if a Hindu widow can adopt a son to her deceased husband in the light of the relevant provisions of the Hindu Adoptions and Maintenance Act, 1956 and the decisions of the apex court. [HJS 2007]
Q. 12. (i) In what cases may an adopted son impeach alienations made by the widow of his adoptive father prior to his adoption?
(ii) ’6’ an unmarried girl of 20 years adopts a boy of 7 years. Is the adoption valid?
(iii) ’A’ with the consent of his wife validly adopts ’8’. Later on ’B’ started misbehaving and beating ’A’ and his wife. ’A’ wants to cancel the adoption of ’8’. Comment. [HJS 2010]
Q. 13. What is the status of Rita in the following case:
- Nita and Rita are twins. Rita was born 15 minutes later than Nita. They were both adopted by a childless Hindu couple through an adoption agency. Forty years later after the death of their parents Nita asserts that Rita had no claims to their parent’s property.
- Rita was adopted by Childless Hindu woman. After the adoption, the woman converted to Christianity. [HJS 2011]
Q. 14. Amartya and Jayaa have a daughter aged 12 years. They want to adopt a girl child from a foster-home. Is it permissible under the existing legal provisions? Give reasons for your answer citing relevant case-law. [HJS 2013]
Q. 15. Two sisters (twins) of tender years are found to be abandoned by their biological parents and rescued by an adoption placement agency.
Can they both be validly adopted under the Hindu law by a childless couple? If there are any legal impediments, how could those be validly circumvented in the interest of children under the general law applicable to all including the Hindus? [HJS 2015]
MAINTENANCE OF WIFE, WIDOWED DAUGHTER-IN-LAW, CHILDREN AND PARENTS (S. 28)
Q. 1. When is a Hindu entitled to claim maintenance? Discuss. [HJS 1986]
Q. 2. What is the law regarding the maintenance of a widowed daughter-in-law? [HJS 2010]
Q. 3. Respond to the following fact-situations by applying relevant Statutes of Hindu law and citing case-law wherever required.
- Kanika married Sanjeet in 2001 and they were living with the latter’s parents. In 2004, Sanjeet died in a car accident. After his death, Kanika was denied financial support and share in the ancestral property by her in-laws. Since Kanika’s parents were not economically well off and had to support their son’s education as well, Kanika did not want to burden them with her problems. What are the rights available to Kanika in Hindu law for her maintenance? [HJS 2013]
RAJASTHAN JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. What are the requirements of a valid adoption under the existing law relating to Hindus? Can a female child be adopted and under what conditions? ’A’ is a Hindu child whose father and mother both unfortunately died. Can A be adopted and how? [RJS 1975]
Q. 2. What is the main principle on which the institution of adoption was based among Hindus according to law in force before 1956? Examine how far this principle has been recognised under the Hindu Adoption and Maintenance Act, 1956.
Do you approve of the changes brought about by this Act? Give reasons for your answer. [RJS 1979]
Q. 3. Is it lawful to take in adoption a person who has been married? [RJS 1980-81]
Q. 4. Describe the principal features of adoption of a son [RJS 1980-81]
Q. 5. Can a girl be taken in adoption? [RJS 1984]
Q. 6. Can a Hindu adopt a son when he has no son, but his son’s son is living? [RJS 1986]
Q. 7. Can a Hindu adopt a daughter when his own children are dead but his son’s son’s daughter is living? [RJS 1988]
Q. 8. Who can give a minor child in adoption? [RJS 1991]
Q. 9. What are the consequences of an adoption? [RJS 1992]
DELHI JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. How does an adoption effect the rights and status of adoptive child vis-a-vis his family of birth and family of adoptive parents? Discuss. [DJS 1996]
Q. 2. A was adopted by H and W (Both Hindus), a Husband and Wife. An adoption deed was executed and duly registered wherein both H and W conferred rights of ownership on A in all their properties (including the stridhan of W). They also agreed that none of them will make any alienation of the properties mentioned in the adaption deed. Later on H dies. After sometime, the relation of A and W become stained. W sold a part of property out of her stridhan, which was in possession of A to P. P then filed a suit for possession against ’A’ who contested the suit on the ground that in the face of the adoption deed W has no right to alliance the property as at the time of adoption deed W had agreed not to alienate the property and it was so mentioned in the adoption deed. Discuss whether P can succeed and whether the restriction suffered by W is valid. [DJS 1996]
Q. 3. A, a Hindu widow owned a house. On 28.04.1963 she adopted B as her son and executed a Deed of Adoption. This document which is not registered, also contained a convenant wherein she has stated that after this Deed of Adoption her adopted son will be entitled to the whole property moveable and immovable and she will have no right to alienate any part of the property. The widow sold the house to C by a registered sale deed. C filed suit for possession against B on the basis of the sale deed. B relied upon the recital of the adoption deed to plead that A had no right to sell the house. Will you decree the suit of C? Pass a reasoned order. Note: Section 13 of Hindu Adoption and Maintenance Act, 1957 provides ’subject to any agreement to the contrary’ an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer interviews or will. [DJS 1991]
Q. 4. Write short note on Adoption by female Hindu. [DJS 2014]
MAINTENANCE OF WIFE, WIDOWED DAUGHTER-IN-LAW, CHILDREN AND PARENTS (S. 28)
Q. 1. ‘H’ filed a petition for divorce on the ground of desertion against his wife ‘W-l’. He obtained ex-parte decree of divorce in the said petition on 7.6.1999. Thereafter, he married ‘W-2’ on 12.1.2000. At the time of marriage, he disclosed to ‘W-2’ that he was a divorcee and also showed her the decree of divorce. ‘H’ and ‘W-2’ lived together for two years. However, their relations became strained and ‘W-2’ had to leave the matrimonial house. ‘H’ filed divorce petition against ‘W-2’ in July 2002. ‘W-2’ filed petition for maintenance under Section 18 of the Hindu Adoptions & Maintenance Act, 1956 against ‘H’ in September 2002. In December 2002, ‘W-l’ filed an application for setting aside the ex-parte decree of divorce, which ‘H’ had obtained against her on 7.6.1999, on the ground that she was not served with any summons and was wrongly proceeded ex-parte. This application was allowed and decree of divorce was set aside in May 2003. ‘H’ took up the defence in the maintenance petition filed by ‘W-2’ against him under Section 18 of the Hindu Adoptions & Maintenance Act, 1956 to the effect that his marriage with ‘W-2’ was nullity and since ‘W-2’ was not his legally wedded wife, was not entitled to any maintenance.
Whether this plea of H is sustainable in law? [DJS 2007]
UTTAR PRADESH JUDICIAL SERVICE
CONDITION AND EFFECT OF ADOPTION (S. 5-17)
Q. 1. (a) Discuss the authority of a Hindu widow to adopt a son to her husband under the Hindu law and the changes introduced by Hindu Adoption and Maintenance Act of 1958.
(b) A Hindu widow adopted a son to her husband in 1953. The widow was do not expressly authorised by her husband to adopt. The consent of nearer aganates was withheld for improper motive while the consent of remoter agnates was obtained, the adoption was challenged on the ground that the motive for adoption was improper. Is the adoption valid? [UPJS 1983]
Q. 2. (a) What are requisites of valid adoption and who are the persons capable of giving in adoption?
(b) Discuss the validity of following adoption:
- An unmarried Hindu girl aged 25 years adopted a girl of 6 years.
- ‘A’ is given in adoption by his step-mother.
- A boy of 19 years adopted by a widow aged 38 years. [UPJS 1997]
Q. 3. What are the requisites of valid adoption and who are the persons capable of giving in
adoption? [UPJS 2003]
Q. 4. (i) Do you agree with a view that the Hindu Law of Adoption had undergone a complete change? If yes, then state the changes brought about by the Hindu Adoptions and Maintenance Act, 1956 in the law of adoption.
(ii) “X” wants to adopt a daughter on the ground that his only daughter had left the
house without his permission and had joined the Film industry in Bombay. Discuss
the legality of adoption. [UPJS 2013]
Q. 5. ‘A’s wife ‘W’ deserted him for a long time and ignored all his attempts to resume co-habitation. So much so that she did not reply even to a single letter of his. Ultimately ‘A’ obtained a decree of judicial separation against her. Thereafter because he had no son, he adopted a son without further reference to ‘W’. Is this adoption valid under the Hindu Adoption and Maintenance Act, 1956? [UPJS 2013]
Q. 6. Who can give adoption? Who can adopt? What are the effects of adoption? Discuss. [UPJS 2015]
MAINTENANCE OF WIFE, WIDOWED DAUGHTER-IN-LAW, CHILDREN AND PARENTS (S. 28)
Q. 1. Discuss maintenance of wife in Hindu Law. [UPJS 1999]
Q. 2. “M” is unmarried daughter of “X” and is of 27 years of age. She claims maintenance from her father as she is not able to maintain herself. Is she entitled to maintenance under the Hindu Adoption and Maintenance Act, 1956? [UPJS 2012]
BIHAR JUDICIAL SERVICE
SUCCESSION IN CASE OF HINDU MALES (S. 8-13)
Q. 1. Elaborate the changes introduced in the Hindu Succession Act, 1956 by the Hindu Succession (Amendment) Act, 2005. Also distinguish between testamentary succession and intestate succession. [BJS 2014]
HINDU UN-CODIFIED LAW
BIHAR AND JHARKHAND JUDICIAL SERVICE
SOURCES OF HINDU LAWS
Q. 1. What do you mean by Hindu Jurisprudence as distinguished from Hindu Law? [B&JJS 1977]
Q. 2. Keeping in view Manu’s statement that “The Vedas, the Smriti, the approved usage, and what is agreeable to one’s soul (or good conscience) the wise have declared to be the quadruple, direct evidence of Dharma (law)” give a critical account of the ancient and modern sources of Hindu Law, including the respective significance of each of those sources with special reference to the role of custom as a source of Hindu Law. [B&JJS 1984]
Q. 3. Discuss the requirements of a valid custom. [B&JJS 1986]
Q. 4. ‘Among the sources of Hindu Law, custom is still dominating the scene’. In the light of this statement explain the characteristics of the custom and demonstrate by giving Suitable illustrations how far custom is still relevant in modern times when major portion of Hindu Law has been enacted. [B&JJS 1987]
Q. 5. Assess the importance of Sruti as a source of Hindu law. [B&JJS 1991]
Q. 6. Discuss the importance of custom as a source of Hindu Law. How far Custom forms the basis of modem codified Hindu Law. [B&JJS 2006]
Q. 7. Discuss the sources of Hindu Law. Outline the three main differences between Mitakshara and Dayabhaga schools. [B&JJS 2011]
PARTITION AND REUNION
Q. 1. Write short but critical note on Partition under the Dayabhaga and Mitakshara Schools. [B&JJS 1984]
Q. 2. Write short note on Re-union [B&JJS 1986]
Q. 3. Write short note on Persons entitled to a right of partition [B&JJS 1986]
Q. 4. Who are the persons governed by Hindu Law? Who are the persons entitled to share in a partition of joint Hindu Family? [B&JJS 2000]
JOINT FAMILY PROPERTY AND SELF-ACQUIRED PROPERTY
Q. 1. Write the difference between joint family and self-acquired properties [B&JJS 1986]
Q. 2. Write short note on self acquired property [B&JJS 2006]
Q. 3. Write short note on Hindu Undivided Family [B&JJS 2011]
KARTA AND IT’S POWER AND DUTIES
Q. 1. (a) What is the position of a Karta in a Mitakshara Hindu Family? Can the mother or any other female member be a Karta in a Joint Hindu Family?
(b) When can a Karta alienate co-parcenary property as to bind the other co-parceners? [B&JJS 1980]
Q. 2. (a) Explain clearly the law relating to antecedent debt.
(b) The father of a Joint Hindu Family governed by Mitakshara Law executed a deed of mortgage of joint family property in 1960. In 1966 he sold the property for twenty four thousand rupees of which two thousand rupees were paid to the mortgage. The rest of the mortgage debt had already been discharged long prior to 1966. The balance of the purchase money was applied by the father to his own purpose. Will you regard the sale as having been made to discharge an antecedent debt? Give reasons for your answer. [B&JJS 1980]
Q. 3. What are the powers and liabilities of a Karta in a Joint Hindu Family? Can the mother or any other female member be a Karta in a Joint Hindu Family? [B&JJS 1984]
Q. 4. Write short but critical note on the following:
(a) Maintenance debt, and
(b) Antecedent debt. [B&JJS 1984, HJS 1996]
Q. 5. Write short note on Powers of ’Karta’ of Joint Hindu family [B&JIS 1986]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. Explain the points of difference between the Mitakshara and the Dayabhaga with regard to law of coparcenary and partition. [B&JJS 1975]
Q. 2. Explain how coparcenary property is held in collective ownership by all the coparceners in a quasi corporate capacity. State the incidents of coparcenary property with help of an illustration. [B&JJS 1977]
Q. 3. State fully the law regarding the remedies available to a creditor against undivided coparcenary interest of a Hindu. [B&JJS 1978]
Q. 4. Explain the Constitution of a Joint Hindu Family giving your views on Hindu coparcenary. [B&JJS 1984]
Q. 5. (a) What is the distinction between a ‘Joint Hindu family’ and a Coparcenary? Give some illustrations in support of your answer.
(b) What is the position of ‘family’ ‘arrangements’ under the Modern Hindu Law? Discuss. [B&JJS 1986]
Q. 6. Distinguish between the Mitakshara coparcenary and Dayabhaga coparcenary. [ B&JJS 1991]
Q. 7. Explain ‘Hindu coparcenary’. Show how it is formed and enumerate the rights of a coparcener. [B&JJS 2000]
Q. 8. Who is a coparcener? Discuss the rights of a coparcener. Can a female become Coparcener of Hindu Joint Family. [B&JJS 2006]
Q. 9. Define Hindu Joint Family property. State various modes of partition of Joint Family property. Can a partition of Hindu joint family property be reopened? If so explain the circumstances. [B&JJS 2006]
DAYABHAGA AND MITAKSHARA SCHOOL OF LAW
Q. 1. The author of Dayabhaga, while acting on the principle of father’s exclusive ownership over family’s property lays down restrictions on his sons and reserves more than double share for himself. The author of Mitakshara, on the other hand, recognising equal rights of father and sons over the family property in father’s hands, says that the partition of the same may be made by the father and not arbitrarily at any time.
Give fully the rationale behind these apparently self-contradictory propositions taken by these two celebrated authorities in Hindu Law in developing the institution of family.
Do you discover from these provisions any special characteristics of the concept of ownership as evolved in the Hindu system? [B&JJS 1978]
Q. 2. Explain the term Pinda both according to the Dayabhaga and the Mitakshara Schools. Enumerate the different classes of heirs according to these schools. [B&JJS 1978]
Q. 3. What are the two main Schools of Hindu Law? Briefly explain the points of distinction between the two Schools. [B&JJS 1986]
Q. 4. ‘The Schools of Hindu law have originated as result of interpretation placed on some expressions to be found in Yagnavalkya-Smriti.’
Explain the origin of the school in the light of this statement and show the basic difference in the approach of these schools to various matters connected with the Hindu Law. [B&JJS 1987]
Q. 5. Write a note on the Mitakshara School. [B&JJS 1991]
PUBLIC AND PRIVATE ENDOWMENTS
Q. 1. Discuss the public and private endowments in Hindu legal system. [B&JJS 1980]
Q. 2. “Endowment is dedication of property for purposes of religion or charity having both the subject and the object certain and capable of ascertainment”. [B&JJS 1984]
Q. 3. Write short but critical note on Idol as a juristic person [B&JJS 1984]
Q. 4. State briefly the essentials of a valid endowment. What is the legal position of a Mahant? Discuss. [B&JJS 1986]
Q. 5. Write short note on the Essentials of a valid endowment [B&JJS 2011]
FEMALE HINDU PROPERTY AND STRIDHAN
Q. 1. (a) Give the definition of Stridhan as given by Vijnaneswara in the Mitakshara and compare the attributes of Stridhan with those of Widow’s Estate.
(b) What is the nature of property of a female Hindu under the present law? It is subject to restriction applicable to Stridhan or the Widow’s Estate in respect of succession and power of disposition? [B&JJS 1978]
Q. 2. Explain the characteristic features of Stridhan and ‘Woman’s Estate’. [B&JJS 01986]
MISCELLANEOUS
Q. 1. Is Hindu idol a juristic person? What are Mahant’s power of alienation over math property? [B&JJS 1991]
HARYANA JUDICIAL SERVICE
SOURCES OF HINDU LAWS
Q. 1. ‘Custom and usages that are reasonable, certain and ancient and have been adopted by a body of persons will be enforced.’ Comment by giving examples from Hindu and Mohammedan Law. [HJS 1984]
Q. 2. Comment upon the statement: ‘He who alleges custom must plead and prove.’ Also bring out the relevance of custom with legislation becoming the major source of law. [HJS 2006]
Q. 3. ‘Custom is a question of fact and not of inferences.’ Comment. [HJS 2007]
Q. 4. “…. clear proof of usage will outweigh the written text of law? Discuss bringing out the importance of custom as a source of Hindu law. [HJS 2009]
Q. 5. (a) ‘Justice has emanated from nature. Therefore, certain matters have passed into custom by reason of their utility. Finally the fear of law, even religion, gives sanction to those rules which have both emanated from nature and have been approved by custom.’ What is the relevance of this statement of Cicero in Indian Legal System?
(b) How does a custom originate? Write briefly the role of the Supreme Court in preserving and developing the customs of the people? [HJS 2011]
Q. 6. ‘Custom is a question of fact and not of inferences.’- Comment and elucidate. [HJS 2015]
PARTITION AND REUNION
Q. 1. A and his brothers B and C are members of a joint family under the Mitakshara School. A sues B and C for partition. After the suit but before the decree A dies, leaving a widow. Can the suit be continued, if so by whom? If not, whether B and C will get A’s share by survivorship? Discuss with reasons. [HJS 1996]
Q. 2. Discuss the concept, meaning and scope of ‘Partition’ under Mitakshara and Dayabhaga Schools. Further examine, the rights of a minor coparcener to claim Partition. Decide with reference to case law on the subject: [HJS 1999]
Q. 3. A, B and C are members of a Joint Hindu family. A and B are the managing members. A and B borrow money from P for the Joint family. Since they failed to repay in time, P filed a suit which was decreed against A and B as managers. Discuss whether this decree can be executed against C’s share in the co-parcenary property. Can “C” file a suit for partition and claim injunction against ‘T’ from executing the decree against his share? [HJS 2000]
Q. 4. Hari, his brothers Shyam and Kailash were joint in business and property. Hari has wife, two sons, their wife and four grandsons (two from each) and married daughter. Shyam has wife and one son. Kailash has wife and two daughters. Kailash demanded partition and his share both in business and property. Make complete partition. [HJS 2003]
Q. 5. Write short critical note on the Concept of partition under Mitakashara Hindu Law. [HJS 2007].
JOINT FAMILY PROPERTY AND SELF-ACQUIRED PROPERTY
Q. 1. A and his three sons, B, C, and D constituted a Mitakshara coparcenary. B gets himself separated. Then A dies leaving behind the three sons and a widow W. B demands a share in the interest of A in the coparcenary property as well as his separate property. But other heirs refuse to give him. Decide. [HJS 1988]
Q. 2. What do you understand by the expression, “Joint Hindu Family governed by the Mitakshara law”? [HJS 2015]
KARTA AND IT’S POWER AND DUTIES
Q. 1. Discuss the effect of apostasy on the subsistence of a Muslim marriage in India. [HJS 1984]
Q. 2. (a) What are the powers of a ”Karta” in Hindu joint family? Discuss in detail.
(b) Can “Karta” refer disputes to arbitration and if referred, are other family members bound by the Arbitral award? [HJS 2000]
Q. 3. Explain the powers and position of ’Karta’ in a Joint Hindu Family. Whether a female Hindu can be ‘Karta’? Under which circumstances the ’Karta’ can alienate Joint Hindu family property. Refer to decided cases. [HJS 2001]
PIOUS OBLIGATION
Q. 1. What do you mean by the doctrine of ‘Pious Obligation’ and the defence of ’Avyavaharik (immoral) dcbt’. [HJS 2000]
Q. 2. Critically examine the doctrine of Antecedent Debt under Hindu law. Is this doctrine affected in any way by the Hindu Succession (Amendment) Act, 2005? [HJS 2006]
Q. 3. Write short critical note on the Doctrine of Antecedent Debt under modern Hindu Law. [HJS 2007]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. Write short note on Mitakshara Cooarcenary [HJS 1996]
Q. 2. Who are Coparceners and what are their rights? State whether a daughter, who wants to remain unmarried, can claim partition in the Coparcenary property? [HJS 1993]
Q. 3. Discuss the concept and characteristics of Joint Hindu Family and Coparcenary. [HJS 2003]
Q. 4. What is the concept of Mitakshara Coparcenary? Critically examine if the surviving coparcener obtain the share of the deceased coparcener as his legal representative. [HJS 2006] Z
Q. 5. How, in what manner, and to what extent the concept of Mitakshara Coparcenary has been affected/modified by the Hindu Succession (Amendment) Act, 2005. [HJS 2006]
Q. 6. How does the ‘devolution of interest in coparcenary property’ take place under the Mitakshara law and how this notion of devolution has undergone changes successively under the Hindu Succession Act, 1956 and the Hindu Succession (Amendment) Act 2005? [HJS 2015]
MISCELLANEOUS
Q. 1. Discuss the importance of customary rules as a source of Hindu and Muslim law. What is the effect of legislation on such rules? Explain giving illustrations. [HJS 1986]
Q. 2. Discuss whether a Mitakshara Hindu can effect gift of his undivided interest. [HJS 2000]
Q. 3. What is ‘bequeathable property’? How is it different from ‘heritable property’? [HJS 2006]
Q. 4. What are the de-merits of testamentary disposition of property? While answering, keep in mind particularly the rights of vulnerable persons in the family. [HJS 2011].
RAJASTHAN JUDICIAL SERVICE
SOURCES OF HINDU LAWS
Q. 1. Give the main sources of Hindu Law. [RJS 1991]
PARTITION AND REUNION
Q. 1. A member of Hindu undivided family solemnizes a marriage under The Special Marriage Act, 1954. What is the effect of such marriage on his status as a member of the joint or undivided family? [RJS 1986]
Q. 2. What constitutes a partition in Dayabhaga and Mitakshara law? In what circumstances can an after-bom son reopen partition? [RJS 1988]
JOINT FAMILY PROPERTY AND SELF-ACQUIRED PROPERTY
Q. 1. A inherits certain property from his father. A has a son B, wife C and a daughter D. A and B are coparceners. Explain with reasons how the property would devolve in each of the cases-
- If A died prior to the Hindu Women’s Rights to Property Act, 1937.
- If A died after the Hindu Women’s Right to Property Act, 1937 was brought into force.
- If A died after the Hindu Succession Act, 1956. [RJS 1977]
KARTA AND IT’S POWER AND DUTIES
Q. 1. Write short note on Powers and position of Karta [RJS 1991]
Q. 2. A Hindu undivided family did not file income tax return. Who shall be deemed to be guilty of the offence? What is the defence available to him? [RJS 1989]
PIOUS OBLIGATION
Q. 1. What is pious obligation? [RJS 1991]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. Describe the principal features of coparcenary [RJS 1980-81]
Q. 2. Who are coparceners? [RJS 1991, 1992]
Q. 3. Write short note on right of a minor in ancestral property [RJS 1991]
DAYABHAGA AND MITAKSHARA SCHOOL OF LAW
Q. 1. What are the principal schools of Hindu Law? [RJS 1980-81]
Q. 2. What is the main basis of the Mitakshara School of Hindu Law? [RJS 1984]
MISCELLANEOUS
Q. 1. Enunciate the propositions laid down by their Lordships of Privy Council in the case Brij Narain Rai v. Mangla Prasad reported in A.I.R. 1924 RC. 50. ‘A’ a father and manager of a joint Hindu family consisting of himself and one major son and one minor son borrows a sum of Rupees 3000/- from B a lender on 1.1.64. The debt remains unpaid and get time-barred. Therefore on 1.1.69, A executed a mortgage deed in favour of B for the amount. B files a suit against A and his sons. Decide. (RJS 1969)
UTTAR PRADESH JUDICIAL SERVICE
PARTITION AND REUNION
Q. 1. “Partition is made only once…” Manu. Discuss. [UPJS 1991]
Q. 2. (a) What is partition and how does it differ in Dayabhaga and Mitakshara Schools? Name some properties which are incapable of division.
(b) Write a note on notional partition-
A joint Mitakshara family consists of M and his two sons N, O and a son NS and a daughter ND of N. N dies. Divide the property of N. [UPJS 1992]
JOINT FAMILY PROPERTY AND SELF-ACQUIRED PROPERTY
Q. 1. Under Mitakshara school there is recognised with mode of devolution of property by survivorship and inheritance while under the Dayabhaga school one mode of devolution of properties is recognised. Discuss what is the position of the joint family properties is recognised. Discuss what is the position of the joint family property in the hands of a sole surviving coparcener? [UPJS 1991]
PIOUS OBLIGATION
Q. 1. Define an antecedent debt. Under what circumstances can a joint family property be alienated for discharging an antecedent debt? [UPJS 1983]
Q. 2.Write short note on Pious obligation. [UPJS 1997]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. What constitute coparcenary property? Explain. [UPJS 1985]
Q. 2. Specify the status of a Hindu woman in regard to her rights in Hindu joint family properties at present. [UPJS 1987]
Q. 3. The real brothers Hukum Singh and Sukhram and Sukhhram’s son Chhida constituted a joint Hindu family governed by the Benares school of Mitakshara law under which a coparcener without obtaining the consent of the other coparceners was not competent to sell his undivided shares for his own benefit. Hukum Singh died in the year 1952 and his widow Shrimati Kishan Devi on 15.11.1956 sold 1/2 share in the family house and shop of Gauri Shanker Sukhram and Chhida filed a suit which was contested up to the Supreme Court of India (Appeal No. 21 of 1965).
- Whether the Sale Deed is liable to be cancelled.
- Whether the Hindu widow’s right in the property of the joint Hindu family became larger than her deceased husband.
- Whether Krishan Devi continue to have only a limited interest.
- Whether the Hindu widow Kirshan Devi had already become absolute owner. [UPJS 1988]
Q. 4. Distinguish between co-parcenary and Joint Hindu Family. [UPJS 2000]
MISCELLANEOUS
Q. 1. ‘A’ a coparcener having incurred debts in connection with a business commenced in his individual capacity sold joint family properties for inadequate consideration and his brother coparcener ‘B’ only joined him in executing the sale. Does the transaction bind the nephews of ‘A’ (who are sons of ‘B’)? Is the transaction of sale void even against the son of ‘A’? (UPJS 1983)
Q. 2. “Woman must be honoured and aborned by their fathers, brothers, husbands and brother-in-law, who desire their own welfare. Where women are honoured, there the God are pleased; but where they are not honoured, no sacred rite yield reward. The husband received his wife from the Gods: he must always support her while she is faithful” (Manu). How far this concept exist in the Hindu Marriage Act, 1955. (UPJS 2000)
DELHI JUDICIAL SERVICE
JOINT FAMILY PROPERTY AND SELF-ACQUIRED PROPERTY
Q. 1. A and his sons B and C constitute a coparcenary. B separates himself after getting 1/ 3rd share of coparcenary property. A dies intestate leaving his surviving daughter D and sons B and C.
Examine the claims of daughter D and son B to the property (coparcenary and self acquired) left by A. [DJS 1980]
Q. 2. A joint Hindu family was in possession of nucleus sufficient to make fresh acquisitions. Certain fresh acquisitions were acquired in name of the member of the family incharge of the management of joint property. Could the fresh acquisitions be treated as part of the joint Hindu family property? Decide. [DJS 1982]
KARTA AND IT’S POWER AND DUTIES
Q. 1. N the manager of the joint family gifted a small portion of Zamindari land belonging to joint family, to a stranger with the object of defeating a claim for pre-emption. Other coparcener challenged the alienation being without legal necessity. Decide giving reasons [DJS 1979]
Q. 2. “A” as managing member of joint Hindu family borrowed Rs. 5000/from “B” for the necessities of the joint family. “B” obtained the decree against “A” as manager of the joint family. Could the decree be executed against the whole coparcenary property? Could the decree be executed against personal separate properties of all the members of the joint family? Decide giving reason. [DJS 1982]
Q. 3. Write a note on powers and liabilities of a Karta in a Hindu joint family. [DJS 2005]
PIOUS OBLIGATION
Q. 1. State concisely what do you understand by:
(i) Pious obligation of a Hindu son to pay debts of his deceased father, when no property is inherited from the father. [DJS 1980]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. A, a Hindu alienates coparcenary property in the lifetime of his sons B without B’s consent and without justifying necessity. B dies 2 years after the sale. Six months after B’s death, another, son C is born to A’s wife from A. Advise about C’s right to challenge alienation of property made by his father. [DJS 1980]
Q. 2. ‘A’, a Hindu sells coparcenary property in the life time of his son B without B’s consent and without justified necessity. B dies 2 years after the sale. Six months after the death of ‘B’ another son ‘C’ is born to A’s wife from ‘A’. Discuss the right of ‘C’ who want to challenge the sale made by his father ‘A’. [DJS 2000]
Q. 3. Section 6 of Hindu Succession Act, 1956 deals with devolution of interest in Coparcenary Property amongst the members of the Coparcenary.
- What do you understand by Hindu Mitakshara Coparcenary?
- What are the rights and liabilities of the daughters in Hindu Mitakshara Coparcenary Property?
- Can a daughter make a will of coparcenary property? [DJS 2011]
Q. 4. What are the essential features of a co-parcenary property? [DJS 2015]
BIHAR JUDICIAL SERVICE
SOURCES OF HINDU LAWS
Q. 1. Discuss the modern sources of Hindu Law. Under what circumstances the courts have authority to decide of Hindus on the principles of justice, equity and good conscience? [BJS 2014]
JOINT HINDU FAMILY, COPARCENER AND COPARCENARY PROPERTY
Q. 1. Explain Joint Hindu Family and Coparcenary. Point out the rights of a coparcener. [BJS 2014]
