[This question paper contains 8 printed pages.

7971 Your Roll No.

J1TflCilT Jfj¢fi Jfl<ii ............. .

LL.B./II Term ES

Paper LB- 202 - FAMILY LAW- II

Time : 3 Hours Maximum Marks : I 00

i
?Pill: 3 erut ~ .. 100

(Write your Roll No. on the top immediately

on receipt of this question paper.)

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Note :- Answers may be written either in English or in Hindi;

but the same medium should be used throughout the
paper.

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Attempt any five questions.

All questions carry equal marks.

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P.T.O.
7971 2

1. (a) What are the primary differences between the

separate property and the coparcenary property
held by a coparcener under Hindu law ?

(b) 'The Hindu Succession Act, 19 56 has made a

substantial difference in determining the character
of property in the hands of the son, inherited by
him from his father vis-a-vis grandson from the
position as understood under the classical Hindu
law.' Comment.

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2. (a) Who can be a karta of the Hindu Joint Family? Is

this position open to a female Hindu?

(b) A Mitakshara coparcenary consists of Ram, the

karta and his two sons, Sonu and Manu. The family
lives in Delhi. They have extensive coparcenary
property near Hastinapur, about 70 miles away
7971 3

from Delhi. Ram sells the land to Sohan and utilises

the sale proceeds for the marriage of his 16 years
old daughter and for purchasing a residential flat
in South Delhi.

Sonu and Monu challenge the sale. Decide. Also

discuss the rights and remedies of Sohan if
transaction is effected.

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3. X, a male Hindu, dies in Delhi as an undivided member

of Mitakshara coparcenary in 2014. He is survived

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7971 4

by his parents M and F, his sister Sis, one son SI and

one daughter DI. His another son S2 and daughter D 2
predeceased him survived by their son and daughter
S S, S 2D and D 2S, D 2D. DI has two children D 1D and
2
DIS and SI has a wife S 1W, and two children S 1D
and S 1S. S 1S is married and has a wife SISW, a son
slss and a daughter SISD.

Determine the share of each and every member in

the family. ·

Would your answer be different if the family was

domiciled in Chennai ?

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7971 5

4. X, a male Hindu dies intestate leaving behind his

separate property. He is survived by his widow W.
He also had four children Sl' S2, D 1 and 0 2 • S 1 after
conversion to Islam got married to a Muslim girl SW
and died during the lifetime of X after begetting a son
SS. D 1 got married to a Christian man under the
Special Marriage Act 1954. S2 who had fallen into
bad company murdered X's brother over a property
dispute. Discuss who would inherit his property and
what would be their shares.

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m -ar~ ~ t- Sl' S2, D 1 aW D2 1 ~ ~ tiJJT~Itl m
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WI"?

5. A, a Hindu female inherited some prope'rty from her

husband H from whom she had a daughter D. Later
she started living with H 2 from whom she had three
children SP S 2, D 1• S 1 died during her lifetime leaving

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7971 6

behind a widow S 1W. She also had her parents living

with her. She dies intestate in 2014. Discuss who
gets her property and what would be their shares.

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6. X, a Muslim, dies leaving behind the parents M and

F, two widows W 1 and W 2 , two sons S 1 and S2 , two
daughters D 1 and D 2 and a widow, a son and daughter
of a predeceased son S 3W, S 3 S and S3D. Discuss
who will get the property and what would be their
shares in Sunni and Shia laws.

What would be your answer if X was a female ?

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7971 7
7. (i) Discuss the rules relating to abatement of
legacies under Sunni and Shia laws.

(ii) Examine the validity of the following gifts under

Muslim law:

(a) Rahim is suffering from cancer. When he

comes to know about it, he makes a gift of
all his property in favour of his wife. Two
months later he dies.

(b) Habib makes a gift of his house to his

nephew, Imran who is staying with him.
There is no delivery of possession of house
but rent receipts are issued in the name of
Imran.

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P.T.O.
7971 8

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8. Discuss the effect of deletion of sub section(2) of

section 4 of the Hindu Succession Act 1956 by the
Hindu Succession (Amendment) Act 2005. Discuss
also the case law, if any.

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(200)
. This question paper contains 16 printed pages]

Your Roll No ................ .

7931

LL.B./II Term E

Paper LB-202: FAMILY LAW --H

Time : 3 Hours Maximum Marks : l 00

(Write your Roll No. on the top immediately on receipt of this question paper.)

_ Note :'- Answers may be written either in English or in Hindi; but

the same medium should be used throughout the paper.

~ ~-~ "cfiT -am:~ err~~ v:cn ~

-B ~; ~ ~m- ~ tfiT l=lT~ v:cn m. ~

~

Attempt any Five questions.

All questions carry equal marks.

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P.T.O.
 ( 2 ) 7931

Answer any four of the following : 4x5=20

I.

(z) Mention any jive features of Mitakshara Coparcenary.

(ii) Discuss the validity of gifts made .during Marz-ul-Maut .

. (iii) Can a junior coparcen~r act as Karta ?

(iv) Explain the 'Rule in Hanuman Prasad Pandey's ·

~ Case'.

(v) [)iscuss the effect of deletion of Section 24 of the Hindu

Succession Act, 1956 ..

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 ( 3 ) 7931

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2. Manoj has the following properties in · which his daughter

claimed a share by way ofpartition. Discuss the maintainability

of her claim made in 2007 : 20

(i) .A house which he got under a will executed by his

maternal grandfather.

(ii) · A land which he purchased out of his savings from

earnings.

(iii) A house which he got after the death of his father

as class I heir.

(iv) A land which he received on partition from his

father.

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 ( 4 ) . 7931

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3. (1) Pannalal, the Karta of Hindu Joint Family, sold a portion

of the Joint Family property to perform the marriage

of his daughter who is aged 17 years. He also sold

 ( 5 ) 7931

four items of the mortgaged property to redeem the

remaining four items of the property out of which one

is a residential house. His brothers challenged both the

alienations. Discuss the validity of the alienations in

the light of decided cases.

(ii) Can a minor coparcener file a suit for partition ? Is

it different from a suit filed by a major coparcener ?

2xJ0=20

P.T.O.
 6 ) 7931

· 4. Govind, a Mitakshara Hindu died as an undivided coparcener

in January 2015, survived by his widow W), a son (S 1), a

son and a daught~r of predeceased son (S 2S and S2D) a

daughter (D), his own mother (M), a brother (Br) and a sister

.
(Sis). Ascertain the shares of heirs in the coparcenary property
-

if the family is domiciled_ in 20

(a) Chennai

(b) Nagpur.
 ( 7 7931

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(b) ~ -q an~ mm f\Q<;If4Chl -w:qfu -q ~

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- 5. (l) 'A' a Hindu, died intestate in 2010 survived by his

widow (W), father and mother (F and M), a brother

and a sister (Br and Sis), a son (S 1) who had converted

to Islam, an illegitimate son (S 2) and an unmarrie~

daughter of a predeceased daughter who had converted

to Christianity and married a Christian (DD). Identify

the heirs who are entitled to a share and how

much ?
P.T.Q.
 ( 8 ) '7931

(ii) Sheela died in 2011 survived by the following persons.

Her illegitimate daughter (D), a legitimate son through

her first husband '(SH 1) and her husband (H 2) whom

she married after the death of her first husband. At

the time of her c:leath she had the following properties :

A house inherited from her mother, a plot of land -

inherited from her first husband and anoth~r plot of.

land gifted to her by her father. Who will succ,eed to

her property and in what shares ? 2x10=20

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 ( 9 7931

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 ( \0 ) 7931

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6. (i) A Sunni Muslim. died survived_ by his parents [M and F],

his widow (W~, one daughter (D)- and a son (S).

Ascertain their shares if the property is worth rupees

seventy two lakhs.

(ii) A Sunni female died survived by her mother, father,

brother and husband. Ascertain the shares of eligible

heirs if the property is worth rupees .sixty lakhs.

2xl0=20

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 ( II 7931

(ii) ~ ~ ~ am -qm a1tRT l1ffiT, ftrm, ~

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7. (l) A Muslim executed a will giving Rs. 30,000; Rs. 60,000

and Rs. 90,000 to X, Y and Z respectively. His total

property on the date of his death was Rs. 2, 70,000.

Discuss · who would get how much under Sunni and

Shia law.

(ii) . A Muslim executed a will giving Rs. 30,000 each to

X, Y and Z. His total property was Rs. 90,000. Discuss

who would get how much under Sunni and Shia

law. 2xi0=20

P.T.O.
 ( 12 ) 7931

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(ii) ~ ~ ~ X, Y afu: Z 'B "# ~ Cfil 30,000 ~.

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8. (t) Abdul declared his intention to his friends to gift his

house and agricultural lands to his minor granddaughter

784 12 8500
 13 )· 7931

[daughter's daughter] who. had been under his care and

protectiOR from her childhood and communicated the

same .to her father. Abdul continued to manage the

properties till his death. His brother challenged the

validity of the gift on the ground that there was no

acceptance from the guardian of the donee and there

. was no delivery of possession. On behalf .of the donee

it was argued that where the donor and the donee were

residing in the same premises which had been gifted,

delivery of possession was not required. Examine the

validity of the gift in the light of decided cases.

P.T.O.
 ( 14 ) 7931

(ii) Husband gifted a property to his minor wife through

a registered deed and handed over the document to

the mother of his wife who had been taking care of

her daughter and son-in-law and the gift was accepted

by her. After the death of the husband, the wife also

died .. The husband's brother claimed his share in the

property according to law of inheritance denying the

validity· of the gift on the ground that it was not

accepted by the guardian. Examine the validity of the

gift in the light of decided cases. 2x10=20

 ( 15 ) 7931

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P.T.O.
 ( 16 ) 7931

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7931 16