JAI NARAIN VYAS UNIVERSITY,

JODHPUR

THE HINDU LAW

PROJECT

TOPIC:- MOOT FILE

SUBMITTED TO SUBMITTED BY
MISS CHETANA MA’AM PAWAN THANVI
B.A.LLB (5THSEM)
 ISSUES TO BE DISCUSSED

1. Whether ‘A’ is entitled to have the property sold to him by cousin of ‘B’
and whether the charge for the purpose of bearing burden of maintenance,
created upon the property registered in the name of ‘A’ was valid?

2.  What was the status of property received in gift by the cousin of ‘B’?

3. Whether ‘K’, a bonafide purchaser, is entitled to have the property sold to

him  by ‘B’ and whether the charge created upon the property registered
in the name  of ‘K’, for the purpose of bearing burden of maintenance,
was valid?

4. What is the right of ‘W’ in this matter, if any and whether the defence of
‘B’ on the basis of his alleged marriage with ‘W’ worth granting relief to
him?
 ADVANCE ARGUMENTS

1. Whether ‘A’ is entitled to have the property sold to him by cousin

of ‘B’ and whether the charge for the purpose of bearing burden of
maintenance, created upon the property registered in the name of ‘A’
was valid?
 According to the facts stated in the case the A is entitled to have a claim
on the property as there was a proper sale of the land by the B’s cousin to
A and the maintenance is valid because Section 28 in The Hindu
Adoptions and Maintenance Act, 1956 states.
 Effect of transfer of property on right to maintenance.—Where a
dependant has a right to receive maintenance out of an estate, and such
estate or any part thereof is transferred, the right to receive maintenance
may be enforced against the transferee if the transferee has notice of the
right or if the transfer is gratuitous; but not against the transferee for
consideration and without notice of the right.
 52. Transfer of property pending suit relating thereto.—During the
pendency in any Court having authority or established beyond such limits
by the Central Government of any suit or proceedings which is not
collusive and in which any right to immoveable property is directly and
specifically in question, the property cannot be transferred or otherwise
dealt with by any party to the suit or proceeding so as to affect the rights
of any other party thereto under any decree or order which may be made
therein, except under the authority of the Court and on such terms as it
may impose
 Explanation.—For the purposes of this section, the pendency of a suit or
proceeding shall be deemed to commence from the date of the
presentation of the plaint or the institution of the proceeding in a Court of
competent jurisdiction, and to continue until the suit or proceeding has
been disposed of by a final decree or order and complete satisfaction or
discharge of such decree or order has been obtained, or has become
 unobtainable by reason of the expiration of any period of limitation
prescribed for the execution.

 2. What was the status of property received in gift by the cousin of ‘B’?

 The property given by B to his cousin as a gift, so there was a legal

position of B cousin as it was not necessary to pay the consideration
to B for the gift.
 All the essentials of valid contract have not been performed but still B
s cousin have the legal right as gift comes under exception of the
valid contract.
 So in short B s cousin have the right over the gift which was property.

3.Whether ‘K’, a bonafide purchaser, is entitled to have the property sold to

him  by ‘B’ and whether the charge created upon the property registered in
the name  of ‘K’, for the purpose of bearing burden of maintenance, was
valid?

 The property purchased by the K from B is entitled to have the

property because there was a proper sale of deed on the part of the
both parties which was B and K
 Charge created upon the property registered in name of K for purpose
of bearing the maintenance was valid due to sec 28 of the Hindu
Adoption and maintenance act.
 Effect of transfer of property on right to maintenance.—Where a
dependant has a right to receive maintenance out of an estate, and such
estate or any part thereof is transferred, the right to receive
maintenance may be enforced against the transferee if the transferee
has notice of the right or if the transfer is gratuitous; but not against
the transferee for consideration and without notice of the right

4.What is the right of ‘W’ in this matter, if any and whether the defence of ‘B’
on the basis of his alleged marriage with ‘W’ worth granting relief to him?

 The W has no right regarding the maintenance, as the marriage of her

with B was not valid because Acc. to Sec.5 of the Hindu marriage act
which states that
 neither party has a spouse living at the time of the marriage;
  at the time of the marriage, neither party—
  is incapable of giving a valid consent to it in consequence of
unsoundness of mind; or
  though capable of giving a valid consent, has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and
the procreation of children; or
 Has been subject to recurrent attacks of insanity.
  the bridegroom has completed the age of  [twenty-one years] and the
bride, the age of  [eighteen years] at the time of the marriage;
  the parties are not within the degrees of prohibited relationship unless the
custom or usage governing each of them permits of a marriage between
the two;
  The parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two.

*So acc.to point number 1 the marriage of W and B was invalid

 But W has a right to move B into the court under Sec 494 of the Indian
Penal Code
 Whoever, having a husband or wife living, marries in any case in which
such marriage is void by reason of its taking place during the life of such
husband or wife, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine
 PRAYER

Where fore in the light of the facts stated, issues raised, argument
advanced and authorities cited, it is most humbly prayed and implored
before the honourable High Court of the Rajasthan that it may be
graciously pleaded to adjudge and declare that

 Maintenance of the G have to be given by A and K who have the right of

the property.

*Also pass any order that it may seem fit in the favour of the
PLAINTIFF in the light of equity, justice and good conscience
for this act of kindness, the Prosecution shall be duty bound
forever pray.

COUNCEL FOR THE PLAINTIFF