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FAQs Familylaw

This document provides questions and answers related to Hindu family law. It covers topics such as Hindu marriage, divorce, succession, adoption, maintenance, joint family property, and more. The questions range from short definitions and explanations to longer questions requiring analysis of legal concepts and case law. The document is divided into 5 units, with the units covering different areas of Hindu family law.

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Fuwaad Sait
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
61 views

FAQs Familylaw

This document provides questions and answers related to Hindu family law. It covers topics such as Hindu marriage, divorce, succession, adoption, maintenance, joint family property, and more. The questions range from short definitions and explanations to longer questions requiring analysis of legal concepts and case law. The document is divided into 5 units, with the units covering different areas of Hindu family law.

Uploaded by

Fuwaad Sait
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Family Law FAQs

UNIT 1

Q1. Who are Hindus? Person to whom Hindu Law does and does not apply? / “Hindu by birth”
write a short note.
Q2. Explain different schools of Hindu law and examine the fundamental differences between them.
/ Trace the history of different schools of Hindu law.
Q3. Ancient sources of Hindu law/ Explain various sources/ Ancient and Modern sources
Q4. Features and rights of a co-parcenary
Q5. What is custom, briefly explain requirements of a valid custom./ Importance of custom/ “A
clear proof of custom outweighs the written text of law”- explain. / Explain the meaning and
essentials of custom. What is the effect of custom when it is opposed to statutory law?
Q6. Briefly explain the concept of Dharma / Short note on Manu Smriti/ Factum Valet / Varna
Dharma
Q7. Explain in detail the Hindu concept of law. State the sanctions for breach of moral law/ Write a
note on equity, justice and good conscience.
Q8. Distinguish between Shurtis and Smritis
Q9. How Judicial decisions have affected Hindu law.

UNIT 2

Q1. Hindu Marriage is a sacrament and also a contract. Discuss / Is a Hindu marriage still a
sacrament after passing the HMA.
Q2. Explain the constitutionality of conjugal rights, explain with the help of leading cases.
Q3. Void and Voidable Marriages / Short note on void marriage or Divorce by mutual consent
Q4. Customary practices and legislative provisions relating to dowry.
Q5. Grounds available to a wife for dissolution of marriage
Q6. Explain the changes brought by Hindu Marriage Amendment Act of 1976 to Hindu law.
Q8. What is Divorce? Various grounds of divorce under Hindu Marriage Act, 1955.
Q9. State the incidents of Hindu Joint Family property and self acquired property.
Q10. Explain the circumstances under which a Hindu wife can live separately from her husband and
claim maintenance under Hindu Adoptions and Maintenance Act
Q11. Distinguish between judicial separation and divorce / Grounds for Judicial separation with
cases
Q12. Cruelty as a ground for divorce. Refer to decided cases
Q13. Essential conditions of a valid marriage under HMA 1955
Q14. Short note on Maintenance Pendentelite
Q15. State the legitimacy of a child born under a null and void marriage.
Q16. Standard of proof to prove adultery?
Q17. When divorced persons may remarry?
Q Short Note on Restitution of Conjugal rights / Will/ Karta / Shruti / Divorce on mutual consent/
Dowry/ Pious Obligation
Q. Who is karta/ his rights duties and powers/ under what circumstances can he alienate joint family
property.
Q Matrimonial bars to matrimonial remedies.
UNIT 3
Long answers

Q1. Who is a coparcener? Features of a coparcenory. Explain his rights and liabilities in Mitakshara
joint family.
Q2. Define Partition? Explain the different modes of partition/ Explain the process of partition,
when can partition can be reopened?/ How can partition be effected? / Properties which can and
cannot be partitioned
Q3. Explain the incidents of joint family property and separate property of the Hindu Joint family.
Q4. Explain the nature and extent of pious obligations.
Q5. Explain the Joint Hindu Family and co-parcenary. Can a mother be a Kartha of a joint Hindu
Family? Explain
Q6. What is antecedent debt? Discuss the obligations of son and daughter to discharge the
antecedent debts. / What are the immoral debts of father. / Sons liability to pay time barred debts of
the father
Q7. What are the circumstances under which a Joint Hindu Family Property can be alienated and by
whom? Who can challenge such alienations?

Short Answers

Q1. What are endowments? Essential features of a valid endowment. How it created?
Q2. Per Stripes and Per-capita
Q3. Mother acting as a guardian of her minor son, has effected the partition. Son after attaining
majority, filed a suit of setting aside the partition on the ground of fraud. Can he succeed?
Q4. What is Doctrine of Cy-pres
Q5. Is the daughter liable for the debt incurred by her father for his personal benefit?
Q6. Who is a Mahant? What are the rights and duties of Mahant?
Q7. What is pious obligations?
Q8.Validity of an agreement between coparceners not to partition coparcenory property.

Unit 4
Long answers

Q1. Examine the general principles of successions of a male Hindu/ male intestate.
Q2. Elucidate the main features of Hindu Succession Act 1956.
Q3. When does succession open? Who are disqualified from succeeding to the property of the
interstate?
Q4. Explain the general rules of succession of a female Hindu dying intestate under the Hindu
Succession Act 1956.
Q5. State the types of property owned by a Hindu woman. State the changes brought to women’s
estates before and after this act.
Q6. Show the mannerism the estate would devolve on the heirs when a female Hindu dies after the
commencement of the Hindu Succession Act.
Q7. who are class 1 heirs? Explain the rules of distribution of property between class 1 heirs.

Short Answers
Q1. Explain full blood, half blood and uterine blood.
Q2. Write a note on Stridhana / Difference between Stridhana and Woman’s estate.

Q4. State the important changes brought about by the Hindu Succession (Amendment) Act 2005. -
Q5. Distinguish obstructed and unobstructed heritage
Q. What kinds of property a Hindu can dispose by gift?

UNIT 5
Long answers
Q1. When is a Hindu wife entitled to maintenance and separate residence under Hindu Adoptions
Act 1956. explain by citing cases.
Q2. State the dependants under Hindu Adoptions and Maintenance Act. When does a wife lose her
right to separate residence and maintenance? How is quantum of maintenance determined by the
court?
Q2. Who is a guardian? State the types of guardians? Who is a testamentary guardian? Discuss his
powers and obligations’/ When can a widow appoint a testamentary guardian for the undivided
interest of the minors property
Q3. Explain the powers and liabilities of the guardian over the person and property of a Hindu
minor.
Q4. Define Adoption./ Object and requirements of a valid adoption. / Significant changes relating to
adoption under Hindu adoption and maintenance Act. Who may give and take in adoption? What is
the effect of taking in adoption on The Natural Family and The Adoptive family? / “ Adoption in
Hindu law is a matter of status.”
Q5. Who are dejure and defacto guardians? Explain their rights. / Who are the natural guardians of a
minor and explain their rights/ When court may appoint and remove guardian? Explain the powers
of guardian appointed by the court.
Q6. Discuss the powers of a male and female Hindu in adoption as per Hindu adoption act

Short Answers
Q1. State the essentials of a valid adoption
Q3. Can the guardian of the child whose parentage is not known, give up the child for adoption?
Q. Father enters into an agreement to sell the minor’s property and delivers the actual possession.
Whether the agreement is binding on the minor?
Q4. The immovable property of a Hindu minor is sold off by his father for the benefit of the minor
without the permission of the court, is the sale valid?
Q5. Explain the Doctrine of Relation Back.
PROBLEM QUESTIONS
Q1 A and B realized within 3 months of marriage that they cannot live together happily and want to
dissolve their marriage immediately, can they do so?
Q2. Prabhakara and Priya aged 17 years are married with the arrangement and consent of the
parents. Discuss the validity of this marriage
Q3. Ramya works as school teacher. Husband is unemployed and asks for maintenance against his
wife is she liable?

Q4. Bhandswamy died leaving behind his self acquired property and his wife, unmarried daughter,
two sons, one sister and mother who got remarried just before his death. Distribute his property.
Q5. X a Hindu male dies intestate leaving behind his father, two sons and a son of the pre deceased
daughter. Who can succeed to X’s property? What is the share of each person?
Q6. Joint Hindu Family consists of Father F and Son S. Partition takes place between F and S. Two
years after partition another son T is born to F. Now state who are all copaercenors and what is the
share of property of each person?
Q7. A and B are brothers and they are separated from each other. A is married and has two sons, B
us not. A commits the murder of B. Can A claim the property of B as the only heir?
Q8. A male Hindu dies intestate leaving his father and two brothers behind? What are the shares?
Q9. Mohan died intestate leaving behind him, his mother, legitimate son, illegitimate son. Decide
the shares of each person.
Q10. A female Hindu died intestate leaving behind her father in law, a step son, father and mother.
She inherited the property from her husband. Assign their shares.
Q11. A dies intestate leaving behind his two widows Y and X and two daughters M, N and one son
Z and mother K. Distribute the property amongst them.
Q12. S a male Hindu marries B a non Hindu but does not renounce his religion. What will the status
of their son C be. Decide which religion is C?
Q13. Two persons A and B jointly adopt, one boy named C of 14 years. Is the adoption valid?
Q14. A Hindu women inherits property from her husband in 2003, and adopts a son in 2007. can the
adopted boy inherit the property
Q15. A adopts B who is already adopted by C. Is this adoption valid?
Q16. Mr. A the testamentary guardian sold the property of a minor B, so as to meet his educational
expenses. On attaining majority the minor challenges the sale. Discuss.
Q17. X a karta of a family in order to purchase a fertile land in the vicinity of a city area, sells one
acre of coparcenory property (barren land) to A. Whether karta has the power to decide?
Q18. A coparcenor, a famous doctor in the city, purchase a dozen silver plates and all the family
members use it to have food. After sometime they decided to partition the property. Can the silver
plates still be a separate property?
Q19. Unmarried Sushmita adopts a female child. After 2 years she marries Sunil. Coming to know
that she can not bear a child, she decides to adopt a male child of 16 years whether she can do so?
Q20. A joint Hindu family consist of Father- F and his sons – S1 and S2. Partition takes place
between F and his two sons. 3 years after partition another son s3 is born to F. Now who are the
coparcenors and what is the share of their property.
Q21. Varun writes a will that if he dies, his child Kiran should be taken care of by his sister and
Varun’s wife srimati writes a will that incase of her death her brothers should be the guardian of her
son. Both die in accident. Who shall be the guardian of the son?
Q22. A female Hindu inherited 2 acres of land from her father and 2 acres of land from her husband.
She dies leaving behind husband, mother, step son and a brother. Distribute the properties as per
rule.
Q23. A Hindu widow adopts a child. Later on she marries. Who is the adoptive father of the adopted
child?
Q24. A Hindu woman dies leaving her son, daughter, and brother; son and daughter of her deceased
husband by another wife. A has property inherited property from his mother. Distribute the property.
Q25. A Hindu male dies leaving behind his wife, mother, son’s son’s daughter and daughter’s
daughter. Distribute his property.
Q26. Naresh a Hindu converted to islam. His wife wants to divorce him. Advice her.
Q27. A widow sues her father in law and father for maintenance separately. Is she entitled for
maintenance

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