Haryana Judicial 2000 Civil Law-II Question Paper

Haryana Judicial 2000 Civil Law-II Question Paper

Note: Even if you do not know the answer, you may attempt the questions as the test is not only of knowledge of law but of the candidate’s analytical skill also.

PART ‘A’

Q 1. (a) When does Hindu Widow gets absolute ownership of the property if the property is given to her as limited owner by virtue of an instrument like ’Will’? illustrate with case law.

(b) Who will be heirs of female Hindu if she inherits the property from her relations?

(c) A Hindu ‘H’ and his wife ‘W’ has a son ‘S’ and the daughter-in-law ‘D’. ‘H’ died prior to ‘W’. Son ‘S’ also died prior to ‘W’. Property of ‘W’ was claimed by her husband’s brother’s son who was already in possession of the said property. Can ‘D’ successfully claim the property of ‘W’ after the death of ‘W’? Discuss with the case law.

Q 2. (a) A divorced Muslim wife has in her custody children born out of wed lock before divorce. Can children claim maintenance from her and if so, how long?

(b) Can a Muslim mother, who is not appointed guardian of minor’s property, effect sales of minor’s property for their benefit? Discuss with decided cases.

(c) A Muslim executes a deed in favor of his wife whereby he grants certain immovable property to her in lieu of her dower but possession is not delivered to her. What is the nature and validity of this transaction?

Q 3. (a) What are the powers of ‘Karta’ in Hindu joint family? Discuss in details.

(b) Can “Karta” refers disputes to arbitration and if referred, are other family members bound by the Arbitral award?

(c) A, B and C are member of joint Hindu Family. A and B are the managing members. A and B borrows money from P for the joint family. Since they failed to repay in time, P filed a suit which was decreed against “C’s” share in the co-parcenary property. Can C file a suit for partition and claim injunction against ‘P’ from executing the decree against his share?

Q 4. (a) Discuss whether a Mitaskshara Hindu can affect gift of his undivided interest.

(b) Explain what is Donation-Mortis-causa?

(c) Discuss rule against perpetuity with illustrations.

Q 5. (a) Can a person belonging to Scheduled tribe be tried for BIGAMY?

(b) What are the effects of the remarriage by a Hindu Widow on inheritance before and after the Hindu Succession Act?

Q 6. (a) Can a Hindu female after her divorce give her child in adoption without consent of her divorced husband?

(b) Can a Hindu male after his divorce give his child in adoption without consent of his divorced wife?
(c) What are the effects of adoption on?
(i) Right to remarriage?
(ii) Inheritance?
(iii) Obligation to maintenance?

PART ‘B’

Q 7. (a) What are the consequences of non-registration of a document which by law requires to be registered?

(b) Is a will required to be compulsorily registered? Discuss the effects of non-registration of a will?

(c) What are the duties and powers of the Registrar under Indian Registration Act?

Q 8. (a) In computing period of limitation for filing appeal against Judgment of the Lower court specify which are not to be counted or excluded.

(b) Can the court adjudicate upon the bar of limitation though the written statement does not raise the issue?

(c) Can court extend the period of limitation for filing suit if sufficient causes are shown? What are limitations on the powers of condo nation of delays by court?

Q 9. (a) What is the effect of addition of a plaintiff or defendant in a pending suit upon limitation for filing such suit?

(b) Describe what is an “acknowledgment” under the Limitation Act is. What are the effects of “acknowledgment” on limitation? Discuss with illustrations.

Q 10. (a) What are the pre-requisites of establishing “ADVERSE POSSESION” in Hindu law and Limitation Act?

(b) What are the duties of government officers with reference to section 5 of Limitation Act in a suit, where the government is a party?