FAMILY LAW

Part – C: Salved answers

December 2007

1. X and Y are Hindu couple. They have a daughter D. When D has been married off, X and
Y decided to adopt a boy B. B after having attained majority filed a suite against D to
give back the property she has received as gift from her parents at the time of her
marriage. On the other hand, D contended that adoption of B is illegal. Decide the
respective contents of B and D.
Facts of the Case
X and Y are Hindu couple. They have a daughter D. When D has been married off. X and
Y decided to adopt a boy B. B after having attained majority filed a suit against D to
give back the property she has received as gift from her parents at the time of her
marriage. On the other hand, D contended that adoption of B is illegal.
Answer
As per the provisions of Section 11 of the Hindu Adoption and Maintenance Act, 1956 in
every adoption, the following conditions must be complied with:
(i) if any adoption is of a son, the adoptive father or mother by whom the adoption is
made must not have a Hindu son, son's son or son's son's son (whether by legitimate
blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter the adoptive father or mother by whom the adoption
is made must not have a Hindu daughter or son's daughter (whether by legitimate blood
relationship or by adoption) living at the time of adoption;
In this instant case X and Y are Hindu couple and have only daughter and hence as per
the provisions of Section 11 of the Hindu Adoption and Maintenance Act, 1956 they are
entitled to adopt a son.
As per the provisions of Section 12 of the Hindu Adoption and Maintenance Act, 1956
An adopted child shall be deemed to be the child of his or her adoptive father or mother
for all purposes with effect from the date of the adoption and from such date all the
ties of the child in the family of his or her birth shall be deemed to be severed and
replaced by those created by the adoption in the adoptive family
As per Hindu Succession Act both son and daughter will have equal rights. B have no
right to claim the property D received at the time of her marriage as gift, hence the
suite is not maintainable. At the same time D contention with regard to adoption of B as
illegal also not correct.

2. A, a Hindu dies intestate of property worth RS. 50 lakhs, leaving behind his widow W,
son S daughter D, father F and mother M. distribute among the legal heirs according to
the Hindu Succession Act, 1956.
Facts of the Case
A, a Hindu dies intestate of property worth RS. 50 lakhs, leaving behind his widow W,
son S daughter D, father F and mother M.
 Answer
succession of a Hindu male dying intestate
in this instant case heirs in Class -I: Widow-W; son-S; daughter-D; and Mother-M
If no legal hairs are there in Class – I, heirs in Class – II will be considered, hence
Father who comes under Class – II is not entitled for any share.
Hence the property has to be divided into four equal parts and Widow-W; son-S;
daughter-D; and Mother-M will get equal share of property worth RS. 50 lakhs i.e.,
Rs.12.5 lakh each.

3. A, A Hindu girl, was married before she attained 15 years of age. She repudiated the
marriage before she obtained 18 years of age. She filed the petition for divorce after
attaining 19 years of age. Decide.
Facts of the Case
A, A Hindu girl, was married before she attained 15 years of age. She repudiated the
marriage before she obtained 18 years of age. She filed the petition for divorce after
attaining 19 years of age.
Answer
As per clause (iii) of section 5 of the Hindu Marriage Act the condition for valid
marriage must fulfil that the bridegroom has completed the age of twenty-one (21)
years and the bride, the age of eighteen (18) years at the time of the marriage and in
this instant case the girl was married at the age of 15 and she has repudiated the
marriage before she obtained 18 years of age. Therefore, the marriage is not valid one
as such the conditions of clause (iii) of section 5 of the Hindu Marriage Act not fulfilled.
Hence, she will get the decree of nullity from the court of law.

4. A is working in Army. He was posted to Indian border area. Therefore, he left his wife
B in her parents’ house. His wife waited for him for three years. Except writing letters
to B intimating his safety A did not even once visit B. She sued for divorce on the
grounds of desertion. Decide.
Facts of the Case
A is working in Army. He was posted to Indian border area. Therefore, he left his wife
B in her parents’ house. His wife waited for him for three years. Except writing letters
to B intimating his safety A did not even once visit B.
Answer
As per the provisions of section 13(1) (ib) of the Hindu Marriage Act not less then Two
(2) years desertion is one of the grounds for suing divorce case. In this instant case the
married couple lived separately (desertion) for Three (3) years. Hence wife B is having
strong case for getting decree of divorce.
April/May 2008
5. The Karta of Hindu joint family sold the property of the family to pay capitation fees
for his sisters Son in a Medical College. This is objected by other members of the family.
What is your advice.
 Facts of the Case
The Karta of Hindu joint family sold the property of the family to pay capitation fees
for his sisters Son in a Medical College. This is objected by other members of the family.
Answer
A Hindu joint family consists of the common ancestor and all his lineal male descendants
upon any generation together with the wife or wives (or widows) and unmarried
daughters of the common ancestor and of the lineal male descendants and as per the
amended provisions of section 6(1) provide that the daughter is conferred with certain
rights. Section 6(1)(a) makes a daughter a coparcener “in her own right" and "in the
same manner as the son.", by birth. If the married daughter got partitioned under
Hindu supersession act got her share, she can not be treated as coparcener.
The most important case with respect to Karta’s power of alienation is Rani v. Shanta.
The Karta has very limited powers with respect to alienation of the joint family
property. The Karta can alienate the joint family property only with the consent of the
coparceners.
In this instant case the Karta of Hindu joint family sold the property of the family to
pay capitation fees for his sisters Son in a Medical College without consent of the
coparceners. Hence other members of the family are rightly made objection and can sue
the matter before the court of law.

6. X, a Hindu by practice of fraud married Y according to Hindu law. Now Y wants to

terminate the marriage. What is your advice?
Facts of the Case
X, a Hindu by practice of fraud married Y according to Hindu law. Now Y wants to
terminate the marriage.
Issues
X fraudulently married by practice as Hindu in accordance with Hindu Law.
Now Y understood that X is not a Hindu by fraudulent practice exhibited himself as
Hindu, hence Y wanted to get terminated the marriage.
Answer
As per section 5 of the Hindu Marriage Act, a marriage may be solemnized between any
two Hindus subject to fulfilment of certain Conditions.
In this instant case X is not a Hindu, fraudulent practice exhibited himself as Hindu and
got married Y a Hindu, in accordance with Hindu law, after the marriage Y understood
that she was got married with anon Hindu person fraudulently and wanted to get
terminated the marriage. She can file a decree for termination of the marriage on the
grounds of fraudulent practice of X, though X is not a Hindu.

7. X, a Hindu, appointed a testamentary guardian for his minor child during the life time
of his wife. What is the power of X in appointment of guardian?
Facts of the Case
 X, a Hindu, appointed a testamentary guardian for his minor child during the life time
of his wife.
Answer
As per the provisions of sub-section (1) of section 9 of the Hindu Minority and
Guardianship Act, a Hindu father is entitled to act as the natural guardian of his minor
legitimate children may, by will, appoint a guardian for any of them in respect of the
minor's person or in respect of the minor's property (other than the undivided interest
referred into in section 12 of the Act) or in respect of both.
As per the provisions of Section 8 of the Hindu Minority and Guardianship Act, father
is the natural Guardian and after his demise the mother will succeed as natural Guardian,
hence, the appointment made by the father requires ratification by mother, when she
succeeds as natural Guardian otherwise the appointment made by the father will deemed
to be nullified.

8. X, Hindu dies intestate leaving behind father F and mother M, son S and a married
daughter D. At the time of his death, he is having RS. 75,000. What are the shares pf
his legal heirs?
Facts of the Case
X, Hindu dies intestate leaving behind father F and mother M, son S and a married
daughter D. At the time of his death, he is having RS. 75,000.
Answer
succession of a Hindu male dying intestate
in this instant case heirs in Class -I: Son-S; Daughter-D; and Mother-M
If no legal hairs are there in Class – I, heirs of Class-II will be considered, hence Father
who comes under Class – II is not entitled for any share.
Hence RS. 75,000 has to be divided into three equal parts and Son-S; Daughter-D; and
Mother-M will get equal share of property worth RS. 75,000 i.e., Rs.25,000 each

December 2008

9. L and S married and were living in Vishakhapatnam. S had gone to USA for special
training for period of one year. L was staying at her in-law’s place, Hyderabad. During
her stay the in-laws demanded additional dowery. S relied that such demands are
common now-a-days. Advise her.
Facts of the Case
L and S married and were living in Vishakhapatnam. S had gone to USA for special
training for period of one year. L was staying at her in-law’s place, Hyderabad. During
her stay the in-laws demanded additional dowery. S relied that such demands are
common now-a-days.

Answer
 As per section 4 of the Dowry Prohibition Act, if any person demands, directly or
indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as
the case may be, any dowry, he shall be punishable with imprisonment for a term which
shall not be less than six months, but which may extend to two years and with fine which
may extend to ten thousand rupees: Provided that the Court may, for adequate and
special reasons to be mentioned in the judgment, impose a sentence of imprisonment for
a term of less than six months
Where any person is prosecuted for taking or abetting the taking of any dowry under
section 3 of the Dowry Prohibition Act, or the demanding of dowry under section 4 of
the said, the burden of proving that he had not committed an offence under these
sections shall be on him.
Hence relying such demands as common now a days by S is an offence and is liable for
prosecution.

10. A and B are Hindu couple with two children, boy and girl. Their nearest relatives
requested them to give their daughter for adoption. The parents agreed to give their
daughter in adoption. As an advocate advise them.
Facts of the Case
A and B are Hindu couple with two children, boy and girl. Their nearest relatives
requested them to give their daughter for adoption. The parents agreed to give their
daughter in adoption.
Answer
The following provisions of Hindu Adoption and Maintenance Act have to be informed to
A and B Couple:
i. As pert provisions of Section 15 of the said Act, no adoption which had been
validly made can be cancelled by the adoptive father or mother or any other
person, nor can the adopted child renounce his or her status as such and return
to the family of his or her birth
ii. As pert provisions of Section 11 (i) of the said Act, any adoption is of a son, the
adoptive father or mother by whom the adoption is made must not have a Hindu
son, son's son or son's son's son (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
iii. As pert provisions of Section 11 (ii) of the said Act, if the adoption is of a
daughter the adoptive father or mother by whom the adoption is made must not
have a Hindu daughter or son's daughter (whether by legitimate blood
relationship or by adoption) living at the time of adoption

As an advocate I advise the parents (A & B) to understand the above statutory

provisions, if, provisions (i) & (ii) above complies and agrees with provisions (i) above only
they can give their, daughter to adoption.

11. A son is adopted by a widow after several years of the death of her husband. Would he
be the son of the widow alone or as well of her husband
 Facts of the Case
A son is adopted by a widow after several years of the death of her husband.
Answer
As per the provisions of Section 14 (4) of the Hindu Adoption and Maintenance Act,
where a widow or an unmarried woman adopts a child, any husband whom she marries
subsequently shall be deemed to be the stepfather of the adopted child.
Therefor as per the above said provisions, after adoption the widow gets married, her
husband will be the stepfather, hence the adopted son is deemed to be son herself and
her late husband.

12. X’s Property is inherited by his brother Y. The illegitimate daughter of X claims
maintenance from Y. Is she entitled for maintenance?
Facts of the Case
X’s Property is inherited by his brother Y. The illegitimate daughter of X claims
maintenance from Y.
Answer
As pert provisions of Section 2 (a) of the Hindu succession Act, any child, legitimate or
illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
deemed to be child and entitled for succession rights
Though the daughter of X is illegitimate, she will be the Class-I heir of X and his brother
Y is Class-II heir. Hence daughter is the legal heir of X as Class-I heir and brother
being Class-II heir, he is not entitled to get the X’s property. The daughter of X is
entitled to get whole property of X.

April/May 2009
13. A Hindu 16 years boy married to 10 years Hindu girl. Is it a valid marriage? Discuss.
Facts of the Case
A Hindu 16 years boy married to 10 years Hindu girl.
Answer
As per the provisions of Section 5 (iii) of the Hindu Marriage Act, the bridegroom has
completed the age of twenty-one years (21) and the bride, the age of eighteen years
(18) at the time of the marriage.
In this instant case Hindu Boy age is 16 and Hindu girl age is 10 years. Hence the
marriage is void.

14. A murders his mother B, A claimed the share in the grandfathers (mother’s father)
property after his death as a legal heir. Discuss the rights of A to inherit the property
of grandfather.
Facts of the Case
A murders his mother B, A claimed the share in the grandfathers (mother’s father)
property after his death as a legal heir.
Answer
 As pert provisions of Section 25 of the Hindu succession Act, a person who commits
murder or abets the commission of murder shall be disqualified from inheriting the
property of the person murdered, or any other property in furtherance of the
succession to which he or she committed or abetted the commission of the murder.
Hence A is not entitled to claim the share in the grandfathers (mother’s father)
property after his death as a legal heir.

15. A, the father appointer X as a testamentary guardian to his child during his life time
and died. After the death of A, B the mother claims the guardianship. Decide the legal
right of B and X.
Facts of the Case
A, the father appointer X as a testamentary guardian to his child during his life time
and died. After the death of A, B the mother claims the guardianship.
Answer
As per the provisions of sub-section (1) of section 9 of the Hindu Minority and
Guardianship Act, a Hindu father is entitled to act as the natural guardian of his minor
legitimate children may, by will, appoint a guardian for any of them in respect of the
minor's person or in respect of the minor's property (other than the undivided interest
referred into in section 12 of the Act) or in respect of both.
But as per the provisions of sub-section (2) of section 9 of the Hindu Minority and
Guardianship Act, an appointment made under sub-section (1) of Section 9 shall have no
effect if the father predeceases the mother, but shall revive if the mother dies without
appointing, by will, any person as guardian.
Hence, after demise of A, the mother B is having power to revive appointment of
guardianship made by A and can continue as natural guardian as contemplated under sub-
section 3 of section 9 of the Act and X has no power to continue as guardian.

16. A Hindu who is having a grandson (son’s son) adopted a boy of 17 years old after the
death of his son. Is it a valid adoption? Discuss.
Facts of the Case
A Hindu who is having a grandson (son’s son) adopted a boy of 17 years old after the
death of his son.
Answer
As per the provisions of Section 11 (i) of the Hindu Adoption and Maintenance Act, if
any adoption is of a son, the adoptive father or mother by whom the adoption is made
must not have a Hindu son, son's son or son's son's son (whether by legitimate blood
relationship or by adoption) living at the time of adoption.
In this instant case A Hindu is having grandson (son’s son), hence adoption is not valid
and void.

December 2009/January 2010

17. A and B are children of brother and sister in the state of Tamil Nadu. Their marriage
is objected by marriage Registrar at the time of registration of marriage? What is your
advice?
Facts of the Case
A and B are children of brother and sister in the state of Tamil Nadu. Their marriage
is objected by marriage Registrar at the time of registration of marriage.
Answer
Though children of brother and sisters’ marriage prohibited in Hindu Marriage Act,
certain provision also made i.e., if custom permits such marriage are permissible and
valid. In this in this instant case in Tamil Nadu the custom permits such marriages, the
objection made by the Registrar of marriage is not valid one.

18. A, a Hindu boy of 20 years married girl of 18 years. What is the status of marriage?
Facts of the Case
A, a Hindu boy of 20 years married girl of 18 years.
Answer
As per the provisions of Section 5 (iii) of the Hindu Marriage Act, the bridegroom has
completed the age of twenty-one years (21) and the bride, the age of eighteen years
(18) at the time of the marriage.
In this instant case Hindu Boy age is 20 and Hindu girl age is 18 years. Hence the
marriage is void.

19. A Hindu having grandson wants to adopt a boy of 15 years according to Hindu Adoption
and Maintenance Act, 1956. What is your advice?
Facts of the Case
A Hindu having grandson wants to adopt a boy of 15 years according to Hindu Adoption
and Maintenance Act, 1956.
Answer
As per the provisions of Section 11 (i) of the Hindu Adoption and Maintenance Act, if
any adoption is of a son, the adoptive father or mother by whom the adoption is made
must not have a Hindu son, son's son or son's son's son (whether by legitimate blood
relationship or by adoption) living at the time of adoption.
In this instant case A Hindu is having grandson (son’s son), hence adoption proposal is
not valid and void.

20. A Hindu dies after 9.10.2007 leaving behind some lawful debts. The creditors filed suite
against son of A for recovery of debts. What is the present Position?
Facts of the Case
A Hindu dies after 9.10.2007 leaving behind some lawful debts. The creditors filed suite
against son of A for recovery of debts.
Answer
 The doctrine of pious obligation states that a son is liable to pay the debts of his father
or his grandfather or his great grandfather after their death unless the debt incurred
was for an immoral or illegal purpose. Post the Hindu Succession (Amendment) Act,
2005, the pious obligation of the son has been abolished. Hence the creditors suite is
not maintainable.
May/June 2010
21. A Hindu male married to a Christian female without solemnizing the ceremonies. Is it a
valid marriage under Hindu Marriage Act, 1955? Give reasons.
Facts of the Case
A Hindu male married to a Christian female without solemnizing the ceremonies.
Answer
As per the provisions of Section 5 (iii) of the Hindu Marriage Act, a marriage may be
solemnized between any two Hindus, hence the marriage is void under Hindu Marriage
Act, 1955.

22. A Hindu female dies intestate leaving behind her husband, son, daughter and her
parents. Distribute the property.
Facts of the Case
A Hindu female dies intestate leaving behind her husband, son, daughter and her
parents.
Answer
The question is having alternative answers
Alternative-I
If the property was self-acquired, or got from her husband, the Class-I successors for
the property are husband, son and daughter will get one share each and her father has
no right of share the property.
Alternative-II
If the property was got from her parents Class-I successors for the property son and
daughter will get one share each and her parents Class-II successors, they will not get
any share as such Class-I heirs are there.

23. A widow has adopted a son after the death of her husband. Discuss the property right
of adopted son in the property of the deceased husband of the adoptive mother under
the Hindu Adoption and Maintenance Act, 1956 and before passing the said Act of 1956.
Facts of the Case
A widow has adopted a son after the death of her husband.
Answer
As per the provisions of Section 14 (4) of the Hindu Adoption and Maintenance Act,
where a widow or an unmarried woman adopts a child, any husband whom she marries
subsequently shall be deemed to be the stepfather of the adopted child.
 Therefor as per the above said provisions, after adoption the widow gets married, her
husband will be the stepfather, hence the adopted son is deemed to be son herself and
her late husband and will have property rights in the property of deceases husband.
In a case called the Ramnad case (i.e., Collector of Madurai v. Muttu Ramalingam) it
was held that, 'Under the Hindu system, clear proof of usage would outweigh the written
texts of law.’
In this case M was a Zamindar. In 1795, his property was taken over by British, as he
had waged war against the Govt. But the property was returned to his sister Rani
Mangaleswari in 1803. She had no issues (children). She took Annaswami in adoption. He
too had no issues, he took Ramaswamy in adoption who also had no issues. When
Ramaswamy died, his wife Rani Parvati took Muthu Ramalingam in adoption. This was
rejected by Revenue Dept. as void, as the prevailing law stated that a wife cannot adopt
a child without the consent of her husband, and in this case the husband had died.
Rani Parvati filed a suit for declaration that the Court should declare her adoption was
valid and the court decreed in her favour. The collector, appealed to the Privy Council.
It was Held by the Privy Council that, taking adoption after the death of the husband,
with the consent of the relatives was a custom in vogue in Madurai and this custom had
been established. Hence, it upheld the adoption as valid.

24. Father, as a natural guardian, lease out the immovable property of the minor child for 8
(eight) years when the child is of 15 years old. Is it a valid alienation? Decide and give
reasons.
Facts of the Case
Father, as a natural guardian, lease out the immovable property of the minor child for 8
(eight) years when the child is of 15 years old.
Answer
As per the provisions of Section 8(2)(b) of Hindu Minority and Guardianship Act, lease
any part of such property for a term exceeding five years or for a term extending more
than one year beyond the date on which the minor will attain majority.
In this instant case the immovable property of minor child of age 15 was leased for 8
years by the natural guardian. The majority will be attained at the age of 21, hence the
natural guardian can give the property for lease for a period of 6 years only, hence
alienation of lease is not valid.
May/June 2016
25. A and B were two brothers living as members of Mitakshara coparcenary. They inherited
property from their maternal grandfather. A died leaving behind his widow, can the
surviving brothers claim the interest of the deceased?
Facts of the Case
A and B were two brothers living as members of Mitakshara coparcenary. They inherited
property from their maternal grandfather. A died leaving behind his widow.
 Answer
As per section 6 of the Hindu Succession Act (as amended in 2005), the daughter is the
coparcener in her father’s family including her children.
In this instant case the brothers maternal grandfather died leaving behind his widow.
The widow and daughter and daughters’ children will get share in maternal grandfathers’
property.

26. A was married before she attained age 15 years. She repudiated the marriage before
she obtained 18 years of age. She filed the petition for divorce after attaining 19 years
of age. Decide.
Facts of the Case
A was married before she attained age 15 years. She repudiated the marriage before
she obtained 18 years of age. She filed the petition for divorce after attaining 19 years
of age.
Answer
As per clause (iii) of section 5 of the Hindu Marriage Act the condition for valid
marriage must fulfil that the bridegroom has completed the age of twenty-one (21)
years and the bride, the age of eighteen (18) years at the time of the marriage and in
this instant case the girl was married at the age of 15 and she has repudiated the
marriage before she obtained 18 years of age. Therefore, the marriage is not valid one
as such the conditions of clause (iii) of section 5 of the Hindu Marriage Act not fulfilled.
Hence, she will get the decree of nullity from the court of law.

27. X dies leaving his widows W1 and W2 his mother M and two sons S1 and S2 and Two
daughters D1 and D2. Who are entitled A’s property under the Hindu Succession Act,
1956? And to what extent?
Facts of the Case
X dies leaving his widows W1 and W2 his mother M and two sons S1 and S2 and Two
daughters D1 and D2.
Answer
succession of a Hindu male dying intestate
in this instant case heirs in Class -I: Widow-W1; Widow-W2; Son-S1; Son-S2; Daughter-
D1; Daughter-D2 and Mother-M
In this instant case both the widows W1&W2 are entitled for one share together; Son-
S1; Son-S2; Daughter-D1; Daughter-D2 and Mother-M are entitled for one share each.
Hence Widow-W1’s share is 1/12; Widow-W2 share is 1/12; Son-S1; Son-S2; Daughter-
D1; Daughter-D2 and Mother-M shares are 1/6 each.

28. The wife was abusing the husband in public and insulting him. She threatened to burn
herself and bring her husband trouble with the police. The husband filed a suit for
divorce. Can he succeed? Discuss.
 Facts of the Case
The wife was abusing the husband in public and insulting him. She threatened to burn
herself and bring her husband trouble with the police. The husband filed a suit for
divorce.
Answer
The wife has committed the following acts:
i. abusing the husband in public and insulting him
ii. She threatened to burn herself
iii. bring her husband trouble with the police

The above acts of wife exhibit her cruel nature, hence under section 13(1) (1a) of Hindu
Marriage Act the husband will get decree of divorce.

May/June 2017
29. A Hindu male and a Hindu female announces that they propose to live as husband and
wife from specified date accordingly live together. Is it valid marriage?
Facts of the Case
A Hindu male and a Hindu female announces that they propose to live as husband and
wife from specified date accordingly live together.
Answer
As per section 7 of the Hindu Marriage the Ceremonies for a Hindu marriage required:
(1) A Hindu marriage may be solemnized in accordance with the customary rites and
ceremonies of either party thereto.
(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven
steps by the bridegroom and the bride jointly before the sacred fire), the marriage
becomes complete and binding when the seventh step is taken.
In this instant case the provisions of section 7 are not fulfilled, hence the marriage is
void.

30. A has a daughter B. B and her husband adopt C. A dies and is succeeded by his Widow D
for a limited Estate. Then she dies. Can C claim the property as heir of A?
Facts of the Case
A has a daughter B. B and her husband adopt C. A dies and is succeeded by his Widow D
for a limited Estate. Then she dies.
Answer
 A & D are husband and wives. B is the daughter of A.
 B and her husband adopted C
 A dies succeeding by his wife D for a limited Estate
 D dies
succession of a Hindu male dying intestate (as per Hindu Succession Act 2005)
in this instant case heirs in Class -I for male interstate: Widow-W1 and Daughter-D.
daughters’ children
 Daughter and Daughter’s adopted son(as an natural son under the statute)) each will be
entitled one share each for the limited Estate of A
Hence ½ share to B and 1/2 share to C are entitled.

31. The father of minor Hindu desires to sell an item of immovable property of the minor
for the minor’s benefit. Advice the father as to his power to sell the minors property.
Facts of the Case
The father of minor Hindu desires to sell an item of immovable property of the minor
for the minor’s benefit.
Answer
As per the provisions of section 8(2) of the Hindu Minority and Guardianship Act, the
natural guardian shall not, without the previous permission of the court- mortgage or
charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable
property of the minor.
Hence it is advised the father to obtain court permission to sell an item of immovable
property of the minor for the minor’s benefit.

32. On A’s death his property devolved on his mother M for a limited estate. The next
reversioner was R. R murdered M. he is sentenced to imprisonment. Can R take A’s
property. Can R’s sister claim the property?
Facts of the Case
On A’s death his property devolved on his mother M for a limited estate. The next
reversioner was R. R murdered M. he is sentenced to imprisonment.
Answer
succession of a Hindu male dying intestate
in this instant case heirs in Class -I for male interstate: Mother-M
M also got murdered by R, who is the next reversioner to M. As pert provisions of
Section 25 of the Hindu succession Act, a person who commits murder or abets the
commission of murder shall be disqualified from inheriting the property of the person
murdered, hence R is disqualified and hence R can not claim the property and sister of
can claim the property.
September/ October 2017
33. A, makes a gift of his ancestral property. A son is born to him two months later. Can the
gift be set aside and if so, to what extent?
Facts of the Case
A, makes a gift of his ancestral property. A son is born to him two months later.
Answer
As per section 20 of the Hindu Succession Act, a child who was in the womb at the time
of the death of an interstate and who is subsequently born alive shall have the same
right to inherit to the intestate as if he or she had been born before the death of the
intestate, and the inheritance shall be deemed to vest in such a case with effect from
the date of the death of the intestate. In this case A has gifted the ancestral property
 for which he has no right to gift, when a child who was in the womb and gave birth to a
son two months after execution of the gift deed. As per the statute such gift deeds
can be revoked by a court decree duly following the requirements as required under the
provisions of section 126 of the Transfer of Property Act.

34. A sues his wife B for Restitution Conjugal Rights. B resists that suit on the grounds that
A had deserted her and so she was obligated to live separately and as she obtained an
order for maintenance. A has brought the suit as counter blast to her maintenance
claim? decide.
Facts of the Case
A sues his wife B for Restitution Conjugal Rights. B resists that suit on the grounds that
A had deserted her and so she was obligated to live separately and as she obtained an
order for maintenance.
Answer
The restitution of conjugal rights means the re-establishment of the marital
relationship between husband and wife because the prime objective of marriage is that
parties will consummate it and enjoy the society and comfort of each other.
If more than 2 years Desertion of the married life, the court will pass decree of divorce.
In this instant case A sues B for Restitution of Conjugal Rights, means to live together.
B has resisted in the court stating that A had deserted her and so she was obligated to
live separately and as she obtained an order for maintenance. If the said desertion took
place for more than 2 years, the court will pass decree of divorce. May be A filed for
decree of divorce in his counter, if so, he may get positive orders from the Court.

35. A Hindu male aged 40 years adopts a daughter aged 20 years, while he has a daughter
living at the time of adoption. Is the adoption valid?
Facts of the Case
A Hindu male aged 40 years adopts a daughter aged 20 years, while he has a daughter
living at the time of adoption.
Answer
As per Section 11(ii) of the Hindu Adoption and maintenance Act, if the adoption is of a
daughter the adoptive father or mother by whom the adoption is made must not have a
Hindu daughter or son's daughter (whether by legitimate blood relationship or by
adoption) living at the time of adoption
In this instant case the adopted person has already living daughter of aged 20 and
therefore he is not entitled to adopt a daughter. Hence adoption is void.

36. A dies in 1970 leaving his widow, mother, two daughters, three sons and his father.
Distribute the estate among them.
Facts of the Case
A dies in 1970 leaving his widow, mother, two daughters, three sons and his father.
Answer
succession of a Hindu male dying intestate
in this instant case heirs in Class -I: Widow-W; Son-S1; Son-S2; Son-S3; Daughter-D1;
Daughter-D2 and Mother-M
If no legal hairs are there in Class – I, heirs in Class – II will be considered, hence
Father who comes under Class – II is not entitled for any share.
Hence the property has to be divided into seven (7) equal shares and Widow-W; Son-
S1; Son-S2; Son-S3; Daughter-D1; Daughter-D2 and Mother-M will get equal share of
1/7 each.