fam law

Question 1

Hindu Undivided family mentioned where

Answer 1

section 2(9) indian income tax act

Question 2

even if a person lived separately, for the purpose of his share he is in hindu joint family

Answer 2

VH Patel v KH Patel

Question 3

Hindu Joint family is not a juristic person

Answer 3

Chotelal v Jhandelal

Question 4

illegitimate son is not a coparcener but can be made in case of partition (het gets half of what legitimate son gets)

Answer 4

Gur narain das v Gur tahar das

Question 5

daughter introduced as coparcener after

Answer 5

Hindu succession (amendment) act 2005

Question 6

insane person not a coparcener, righs=ts suspended till recovery and if partition then he is allotted a share

Answer 6

Amirthammal v Vallimayil Ammal

Question 7

Rights of coparceners

Answer 7

right by birth in the property
right of joint ownership and common enjoyment
right of survivorship
right to accounts
right to make personal acquisitions
right to ask for partition
right to renounce interest
right to restrain improper acts
right of alienation

Question 8

liabilities to be taken care of before partition

Answer 8

debts of father or karta on behalf of the joint family
marriage expenses of daughter
performance of certain ceremonies and rights
maintenance

Question 9

who is entitled to be maintained

Answer 9

disqualified coparceners and dependents
mother, step mother, grandmother (daughters in law of the family)
unmarried sister
widowed daughter of deceased coparcener

Question 10

modes of partition

Answer 10

expression of intention
standard modes
marriage under SMA
conversion to another religion

Question 11

reopening of partition is done when

Answer 11

mistake
done by fraud, coercion, misrep, undue influence
disqualified coparcener may reopen partition to claim his share if and when he is no longer disqualified
son in womb: child born after partition and no share for him then reopen
adopted son: if adopted after partition
absent coparcener
minor coparcener: if no share allowed during time of partition
reunion

Question 12

reunion can take place only with

Answer 12

brother, father, uncle
cannot be with members who were not part of the partition

Question 13

hindu male intestate succession sec

Answer 13

sec 8 HSA

Question 14

hindu female intestate succession

Answer 14

section 15 (rules laid out in 16)

Question 15

order of succession among class I heirs

Answer 15

section 9 (simultaneous and exclusionary process)

Question 16

mother is entitled to illegitimate sons property

Answer 16

section 3(1)(j)

Question 17

unchastity of mother is not a bar for inheriting property

Answer 17

jayalakshmi ammal v tv ganesa iyer

Question 18

adopted children and children born out of void marriages can also inherit (section)

Answer 18

Sec 16

Question 19

all members of an entry are equal

Answer 19

arunachantammal v ramachandran pillai