SVKM'S NMIMS

KIRIT P. MHHTA SCHOOL 0F LA

Academic Year: 2019-2020
v/,I
Program B.A. LL.B ,(Hons.) / B.B.A. LL.B (Hons.)
Subject:Family Law Il '
Time:2 hrs (12.30 pin -2.30 pin)

Date : 07th Nov 2019

No. of pages: 2-
Marks: 60 FINAL EXAMINATION
Student; should read carefully the instructions printed on the question paper and on the answer book, which is
provided for their use.

1. All Sections are compulsory.

2. Attempt any two questions in Section C.
3. Answer to each new question to be started on a fresh page.
4. Figures in brackets on the right hand side indicate full marks.

SECTION A
Short Notes

1a What are the limitations to the testamentary power ofa Muslim?

1b What are the essential ingredients ofa valid gift under Muslim Law?
SECTION a
Compulsory

2 A dies as an undivided member of a Mitakshara coparcenary leaving behind his widow w, a mother M, 15

two brothers 81 and 82, two sons S 1 and S2, a daughter D1, S4 and S5 being the sons of the deceased
son S3 of A, Wl being wife of Sl and W2 (a Christian lady) being the wife of S2. S6 and S7 are the two
sons of S2, who are brought up as Christians and D2 is the daughter of S2 who is brought up as a Hindu.
Calculate the shares of each of the coparceners and other members. Also, decide what type of property is
held by each of the members.

SECTION C
Attempt any Two out of Three Questions

3 X, a Hindu male died intestate in 2012, survived by parents' F and M and a surviving spouse w. X had
two sons S 1 and S2, and two daughters Dl and D2. X also had an illegitimate son S3 with his
relationship with W2. S 1 during a family fight killed D 1 in 2010. D2 in 2008 converted to Muslim faith
and married a Muslim Boy D2H. She died in 2011, survived by D2H and a daughter D2D born in 2009.
X leaves behind a separate property of worth 50Lakhs. Ascertain the shares of the aforesaid relatives in
X's Property. Determine the rules for division of the property as well.

10
Risha an unmarried woman is employed and drawing a salary of Rs. 75,000/-. She has two dependent
sisters S 1 and S2 who are minor. Risha refuses to pay for their school fees, Is there any remedy available
to the sisters under Indian Succession Act? Determine the succession if Risha dies intestate, and leaves
behindthepropertyofwofthRs21athsbeforeslan\d/Sfattainsmajonty
 10
5 A, the care taker ofB, who is hiredby his sons c andD, with a view to obtaining legacy fi.om B, flatters
hin and instigates him against C and D. 8, in consequence of such attention from A and flattery makes
his Will, by which he leaves a legacy to A. This Will is challenged by the sons C and D on the death of
8 under Section 61 of the Indian Succession Act, that states the Wills obtained by fraud, coercion and
importunity al`e void,. Discuss the validity of the Will.

SECTION D
Compulsory

15
6 a. A Sunni Muslim man dies and leaves behind his widow w, two full sisters sl and s2 and parents M
and F. Determine the final shares of each heir.
b. A Sunni Muslim woman dies and is survived by her Husband H and two daughters Dl and D2.
Determine the final shares of each heirs.
InlightoftheabovesituationsdiscussthegeneralprinciplesofsuccessionunderMuslimlawof
Succession.

a eo s arers-
en two or more heirs areresent
Sharers When one heir is present

usbandifeaughteratherother 1/4
1/8 1/8

1/2 /3
1/6
1/6

ull Sister 1/2 /3

2/