FAMILY LAW II REPEATED QUESTIONS

MODULE 1
3 MARKS

• What is the difference between Mitakshara and Dayabhaga in regard to Daya and Partition?
• Explain Mitakshara and Dayabhaga schools of Hindu law. How they differ with each other?
(R)
• State what kinds of property are regarded as ancestral property.
• Explain the concept of coparcenary and discuss the difference between the Mitakshara and
Dayabhaga schools of thought
• Explain the concept of coparcenary with its classifications examining the impact of the Hindu
succession Act, 1956 on the coparcenary system
• Define dayabhaga coparcenary family
• What are the powers and duties of the manager of a Hindu joint family business?
• Once only is a partition made Manu. Discuss this dictum. What are the exceptions
reorganized in modern Hindu law?
• Who is Karta? Discuss his position in a joint family.
• Powers and duties of karta
• State the difference between self acquired property and coparcenary property
• Coparcenary within a coparcenary
• Right of representation under Hindu law (R)
10 MARKS

• A, the sole surviving coparcener, alienates the joint family property without any legal
necessity. Subsequently a son is born to him. Can the son set aside the alienation. Decide.
• On the death of a coparcener one of his sons who was deaf and dumb was excluded from
inheritance. Later this disqualified coparcener married and had a son who had no disability. A
question for consideration was whether the son of the disqualified heir became a coparcener
with the brother of his father. Decide.
• Two brothers were living as members of a joint family. They inherited property from their
maternal grandfather. On the death of one of them leaving a widow, can the surviving brother
claim the interest of the deceased. Decide.
• A has 3 sons B, C and D. B took his share and separated himself from the joint family. A
remains joint with C and D. At the partition certain property is allotted to A, C and D. A has
also his own separate property. A son E is subsequently born to A. A dies. How is the property
to be partitioned?
• N has a son S, wife W, and a daughter D. S dies in 1956 leaving his widow. W dies in 1957. D
sues for her share in the Coparcenary property as their of W. What is the share of D, the
daughter?
• A and B are two brothers of joint family. They inherited the property from their grandfather. A
died leaving his widow. Widow wants to sell the property of her husband's share. Decide.
• Ms. 'W', a Hindu woman, wishes to claim her share in the ancestral property of the Hindu
joint family. However, her brothers argue that she does not have coparcenary rights. What are
the rights of a Hindu woman in the coparcenary property, and under what circumstances can
she claim her share? Will the legal position be different if 'W' is married?
15 MARKS

• What is partition? Explain the concept, discussing the mode of partition, subject matter of
partition, persons entitled to get a share on partition, reopening and reunion, among Hindus
• Under the Mitakshara law there is no inheritance but merely partition, and under the
Dayabhaga law there is no partition but inheritance only, Discuss
• A coparcenary is purely a creature of Hindu law. Discuss
• Discuss the impact of the Hindu Succession Act, 1956 on succession in the Hindu Mitakshara
Coparcenary. What is the liability of undivided interest of a coparcener for his debt in the
family? Explain.
• Compare and contrast the concepts of "partition" and "severance of joint status" in the context
of joint Hindu family property, discussing their legal implications and consequences. What
are the various methods of effecting partition? Can partition once effected be reopened ? If
yes, under what circumstances ?
• Discuss in detail the right of coparceners under Hindu law

MODULE 2
3 MARKS

• What are Avyavaharika debts? (R)

• Women’s estate
• Discuss the doctrine of pious obligation in relation to the personal debts of the father in the
Joint family (R)
• Write a note on Stridhana (R)
• Mention the purpose for which a widow may alienate property inherited from her husband
• Discuss how the MArumakkathayam family varies from the coparcenary in matters relating to
rights in the family and succession
• Notional partition
• Agnates and cognates
• Tharavadu and its management
10 MARKS

• A' a Hindu female dies leaving her husband, a daughter, a son and 2 sons of a predeceased
son, 2 daughters of a predeceased daughter, father in law and mother in law.
Distribute the share
• A, a Hindu dies in 1960 leaving his widow, mother, two daughters, three sons and his father.
What would be the distribution of the assets among the heirs? Discuss.
• a father has incurred debt for personal benefit. Y his son has self-acquired property. Is Y liable
to discharge the debt of 'X'. Decide.
• X' a Hindu dies leaving behind his daughter, son, father and mother in the year 2007.
Distribute the joint family property of the deceased among the survivors.
• a Hindu male dies intestate leaving behind his father, two sons and a son of the pre- deceased
daughter. Who can succeed 'X's property ? Decide the share of each person.
• 'H', a hindu male dies intestate leaving behind a son 'A', a daughter 'B', mother 'M', father 'F"
and brother "T" and sister 'K'. Distribute the property of 'H' according to provisions of Hindu
Succession Act.
• A Hindu male died leaving behind coparcenary property worth Rs. 50,00,000 and a Son,
Daughter, Widow, Mother and Father. Distribute.
 • Ms. 'W', a Hindu woman, wishes to claim her share in the ancestral property of the Hindu
joint family. However, her brothers argue that she does not have coparcenary rights. What are
the rights of a Hindu woman in the coparcenary property, and under what circumstances can
she claim her share? Will the legal position be different if 'W' is married?
• -'A', a Hindu man, passed away without leaving a will. He is survived by his father, mother,
wife, two sons, and a daughter. How would A's property be distributed among his legal heirs
according to Hindu law of succession? Discuss the principles and the order of succession.
15 MARKS

• The rights of a female Hindu are enlarged under the Hindu succession Act, 1956 and its 2005
amendment. Discuss
• Discuss the changes brought out before and after passing the Hindu Succession Act, 1956 in
respect of the property rights of the female heirs. State the important changes of the 2005
Amendment.
• What is antecedent debt? Discuss the obligations of son and daughter to discharge antecedent
debts?
• Explain the impact of the amendment of s.6 of Hindu Succession Act made in 2005

MODULE 3
3 MARKS

• Doctrine of Aul (R)

• Discuss the rights of the Christian women for father's property by way of intestate succession
• Explain the concept of consanguinity under the Christian law
• State the general principles of inheritance under Shia law.
• Briefly state the features of the Indian succession Act, 1925
• Discuss the Muslim testamentary succession
• Succession certificate
10 MARKS

• X', a Christian dies intestate. He had four children A, B, C and D. All of them pre-deceased
'X'. 'A', X's son left one child. 'C', X's daughter left 3 children and D. X's son left two children.
Decide how grand children will inherit.
• Y, a Muslim dies intestate leaving behind his mother 8, a son Z and a daughter's son D.
Decide how they will inherit
• A Hanafi Muslim dies leaving behind Father, Father's father, Mother, Mother's mother, two
daughters and son's daughter. Divide the estate of the deceased among his heirs.
• 'A', a Sunni Muslim died intéstate leaving behind Mother, Father, Widow and three daughters.
Distribute his property under Sunni Law of Inheritance.
• 'P', a Christian dies leaving behind husband, Father, Mother and Brother and Sister. Distribute
her property under the Indian Succession Act, 1925.
• A Hanafi Muslim dies leaving behind his widow and father, Distribute the property.
• An Indian Christian dies intestate leaving behind his widow, son and two sons of a pre-
deceased son. Assign their shares.
• A Mahomedan dies leaving him surviving a son, father and paternal grandfather. He leaves a
will bequeathing his property to his paternal grandfather. Is the bequest xalid. Decide
• A Muslim dies leaving his father, mother and 2 daughters, but no sons, Divide his estate
among his heirs when the succession is governed by Hanafi law of inheritance.
 • X, a Christain dies leaving behind his widow, 2 brothers and 4 sons. Distribute his estate
among his legal heirs.
• A Sunni Muslim dies leaving a widow, mother, father, 2 sons and 3 daughters.
Divide his share.
• A Christian had three children, John, Mary and Henry. John died leaving a son and a daughter,
Mary died leaving her only child. Henry alone survived the father. What is the division of
estate among the heirs on the death of the father?
• A sunni Muslim male dies leaving behind a wife, one son and two daughters. Distribute the
shares among the legal heirs.
• A Christian died as an intestate leaving behind his wife, two children, father and mother. At
the time of his death he was having worth of Rs. 3 lakhs of movable and immovable property.
Distribute the property.
• C', a Christian male, left no child, but left eight grandchildren, and two children of a deceased
grandchild. Discuss how the property of 'C' is inherited.
• A, a Mohamedan widow who retained possession of her husband's properties in exercise of
her lien for dower dies leaving B, her father, as her sole legal hier, can B succeed to her
possession of her husband's properties. Decide.
15 MARKS

• Explain intestate succession of a Christian in the light of Mary Ray v. State of Kerala. (l986 2
sec 209.
• Write notes on : (a) wakf, public and private. (b) Hanafi Law of Inheritance – the doctrine of
increase and return. (c) Intestate succession among Christians.
• Define Domicile. State the various modes of acquiring domicile under the Christian Law
• Discuss succession among Shares and Residuaries according to the Hanafi Law of Inheritance
Explain Hiba/Gift. What are the essentials of gift ? Explain the concept of Pre emption
• Explain the domicile of origin and domicile of choice, distinguishing between the two.
Discuss the rules regulating the domicile of a Minor and the domicile of a woman. “A will is
necessarily ambulatory till death - if the instrument is irrevocable it cannot be a will. Explain.
Discuss intestate succession among Christians
• Discuss the scheme of intestate succession of male Christian under the Indian Succession Act,
1925
• Discuss the Christian law of succession in India
• Critically evaluate the principles of distribution of property under Muslim law of succession,
highlighting the roles of various family members and their respective entitlements. Who can
claim pre-emption under Muslim Law? What are the formalities to be complied with for
claiming pre emption?
MODULE 4
3 MARKS

• Distinguish between condition precedent and condition subsequent.

• Donation mortis causa
• Define limited grant of probate
• Write a note on probate and letters of administration (R)
• Wasiyat
• Discuss the limitations on the testamentary power of a Muslim in bequeathing his properties
under a will
• What is the Muslim law of wills relating to bequest to heirs and non heirs and limits of
testamentary power.
• Write a short note on Hiba-bil-waz (R)
• Privileged will and unprivileged will
• Interpretation of wills
10 MARKS

• A owns a house. He makes a gift of it and of the right to use a stair case held by him jointly
with the owner of the adjoining house. Is the gift valid. Decide.
• By one clause in his will. A bequeths to B the sum of Rs. 15,000. By a subsequent clause of
the same will he bequeaths to B Rs. 25,000. Is the latter legacy cumulative or
substitutional? Decide
• A bequest is made to 'X' or 'Y'. 'X' dies after the date of the will and before the testator. Who
is entitled to the legacy.
• X being ill and in expectation of death puts aside certain articles in separate parcels and marks
on them respectively the names of Y and Z. Subsequently X dies. Discuss the nature of the
gift and the claim of Y and Z to the contents of the respective parcels.
• An undivided Mitakshara Coparcenary consists of a father and son. The father is very ill. The
son is away in England. The father writes a letter to his son intimating his intention to become
divided forthwith. He thereafter bequests his share in the joint family to a married daughter.
The son receives the father's letter only after the death of the father. Examine the validity of
the bequest.
• A has two sons B and C. B married D against the wish of A. A executed a Will giving a
valuable property to B provided he divorced his wife D. B divorced the wife and claimed the
property. C objected claiming the property on ground that the will was void. Can B claim the
property.
• X, a Muslim woman, received a valuable gift from her father before his death. However, her
brother claims that he is entitled to half of the gift received by 'X'. Analyze the rights of 'X'
and her brother under Muslim law in relation to the gift received.
15 MARKS

• Discuss the Muslim law of wills, explaining persons capable of making wills, bequests to
heirs and persons who are not heirs and limits of testamentary powers. What is Hiba/gift?
Discuss the essentials of a gift. Explain Hiba bilwas and Hiba ba shartulwaz.
• Explain Hiba-bil-iwaz and Heba-ba-Shartul-iwaz, Point out the difference between these--two
gifts. Explain how a gift can be revoked under Musllim law
• Compare the powers of a Muslim to make a gift, a wakf and a will of his property.
• Define will. Discuss various kinds of wills recognized under the Indian succession Act 1925
along with its rules of execution
 • Discuss succession among Shares and Residuaries according to the Hanafi Law of Inheritance
Explain Hiba/Gift. What are the essentials of gift? Explain the concept of Pre emption
• Explain the domicile of origin and domicile of choice, distinguishing between the two.
Discuss the rules regulating the domicile of a Minor and the domicile of a woman. “A will is
necessarily ambulatory till death - if the instrument is irrevocable it cannot be a will. Explain.
Discuss intestate succession among Christians

MODULE 5
3 MARKS

• What is the difference between private wakf and public wakf

• Who is Mutawalli? Discuss his powers, control and the law relating to his removal.
• Explain the doctrine of cypress (R)
15 MARKS

• Explain the object of wakf in Muslim law

• Write notes on : (a) wakf, public and private. (b) Hanafi Law of Inheritance – the doctrine of
increase and return. (c) Intestate succession among Christians.
• Define Wakf. State the requisites of a valid wakf. Distinguish public and private wakf (R)
• Discuss the concept of wakf under Muslim law and its significance in the Islamic legal
framework. What are the essential elements of a valid wakf? Compare' wakf with 'sadaqah'
How is a wakf created, registered and administered? Examine the role and powers of the court
in the supervision and control of wakfs under muslim law, particularly in relation to disputes,
mismanagement and modification of wakf properties.

OTHER QUESTIONS

• ''Inheritance is never in abeyance". Discuss. What are the exceptions to the rule? (15)
• Explain the institution of dowry among Christians. Does it still exist among Christians? (3)
• Mr. 'X' the testamentary guardian, sold the property of a minor 'Y' so as to meet the minor's
educational expenses. On attaining of majority the minor challenges the sale. Decide. (10)
• Write a note on the matrimonial rights under the Christian law (3)
• What is Dower? Explain the rights of Muslim women in relation to dower debt. (3) (R)
• What is deferred dower? (3)
• Explain the legal consequences that may ensure if the husband refuses to pay, 'Prompt dower'
and 'deferred dower' due to his wife.