Hindu Succesion act.

Question 1

Question - ‘A’ a Hindu male by a Will grants life interest in his self acquired immovable property to his wife ‘B’, with restriction and bar on ‘B’s right to sell, transfer and mortgage the property.
The Will further stipulates that on B’s death, the property will be inherited by ‘C’, his nephew and not by his children.
‘A’ died in 1968.
‘B’, during her lifetime in 2Ol7, sells the property for consideration to her children.
‘C’ files a suit challenging the said transfer by ‘B’ to her children and the sale deed.
Discuss the provisions under the law of succession applicable and decide the contesting claims. DJS 2017

Answer 1

1. Under Hindu Law, the property that a person may own/ have an interest in, can be categorised into two - seperate property and joint family property.
   2.

Question 2

Q - When and in which cases, on the death of a Hindu male on or after the enactment of the Hindu Succession act, his immovable property or interest in immovable property will partly or wholly devolve by survivorship upon surviving members of the coparcenary?

Question 3

On death of her husband, widow ‘A’ and her daughter inherit the immovable property under the Hindu Succession Act. After death of her husband, widow ‘A’ by a registered adoption deed adopts ‘B’ as her son. She dies intestate. Decide whether the property of the deceased husband as inherited by the Hindu widow ‘A’would be also inherited by ‘B’ being
the adopted son. DJS 2017

Question 4

‘W’, a Hindu wife, files a divorce petition under S. 13(1)(i) of the Hindu Marriage act against ‘H’ her husband. On 31.08.09, the petition is allowed. In an appeal by ‘H’ to the High Court, the operation of the judgement and the decree dated 30.08.09 is stayed on 20.11.09. During the pendency of the appeal, the matter is referred to the Mediation Centre. ‘W’ and ‘H’ reach a settlement and ‘H’ opt to withdraw the appeal in terms of their settlement dated 15.10.2011, ‘H’ files an application within 30 days to withdraw the appeal. On 20.12.11, the High Court dismisses the appeal in terms of the settlement. In the meantime, on 6.12.11, ‘H’ marries ‘X’. Discord emerges between ‘H’ and ‘X’. Within one year, i.e. on 6.11.12, ‘X’ files a petition under S. 11 of the Hindu Marriage act to declare the marriage null and void being violative of S. 5(i) of the HMA. ‘X’ pleads ignorance about the settlement between ‘W’ and ‘H’. Decide.

Question 5

Whether decree under S. 9 of the HMA for restitution of Conjugal Rights is useful and relevant for any of the parties to the marriage in the absence of effective provisions for its enforcement? Comment.

Question 6

A young Hindu couple married for the past five years are living separately for the last one year and five months due to strained relations. Their family members and well wishers could not resolve their differences. Now both husband and wife want to bring a peaceful end to their relationship to enable them to settle down in their future life. The wife is expecting to get a job in a foreign country after about 3 months. Advise them about the legal procedure which they may follow to get divorced before the wife goes abroad. Support your opinion with case law. DJS 2018.

Question 7

Both husband and wife are Hindus and their marriage was solemnized in accordance with Hindu rites and customs. They have a minor son and a minor daughter. The wife has filed a petition against the husband for the grant of custody of children along with maintenance forthem. She is employed and earning a salary of Rs. 10000 per month. She claimed maintenance of Rs. 7000 per month for the children by pleading that her husband is earning a salary of Rs. 9000 per month. The Family Court grants custody of children to their mother. The husband pleaded that he is to maintain his ailing old parents and that the wife is earning suffeciently to maintain herself and the children.
Describe the meaning of maintenance under the enactments applicable to Hindu law. Can an employed wife get maintenance for children from their father? If yes, how much amount can be allowed in the facts and circumstances of this case? 2018.

Question 8

On what grounds, can a decree of judicial seperation granted under the Hindu Marriage act, 1955, be revoked by the court? Does the resumption of cohabitation without intimation to the court automatically rescind such decree?DJS 2018

Question 9

Sunil married Reena in the year 2013 and a daughter was born to them in the year 2014. Reena discovered in the year 2015 that Sunil was already married to Maria and that a daughter born out of that marriage was alive. In the year 2016, Sunil obtained a decree of divorce of his marriage with Maria.

What is the legal status of the marriage of Sunil and Reena and of two daughters born out of the above referred two marriages?

Would it make any difference to the legal status of the marriage of Sunil and Reena if Sunil obtained a decree of nullity of his marriage with Maria in the year 2016? Also find out the legal status of the two daughters born out of the marriage after the decree of nullity of marriage? DJS 2019

Question 10

What are the grounds on which divorce may be obtained under the Hindu Law? 5marks DJS 2015.

Question 11

What is the effect of the Hindu Succession (Amendment) Act, 2005 on its rights of Hindu women? 10m DJS 2015.

Question 12

What is stridhan? 5m DJS 2015.

Question 13

What are the essential features of a co-parcenary property? 5m 2015.

Question 14

1. What is iddat? What is the object of iddat?
2. When is observance of iddat necessary?
3. When is iddat not necessary?
4. What is the period of iddat?
5. What is the effect of death of the husband during the iddat of divorcee?

DJS 2015.

Question 15

How can a claim for dower be satisfied? DJS 2015.

Question 16

When can a Muslim wife seek dissolution of marriage? DJS 2015.

Question 17

1. How can irregular marriages by made valid under the Muslim Law?
2. When does oral talaq become effective? DJS 2015.
3. How is written talaq effective?

DJS 2015.

Question 18

Short not on - Adoption by female Hindu. DJS. 2014.

Question 19

Distinction between void and irregular marriages under Muslim law. DJS 2014.

Question 20

Dower under Muslim Law. DJS 2014.

Question 21

Desertion as a ground for divorce under the Hindu Marriage act, 1955. DJS 2014.

Question 22

Female Hindu Property Rights under S. 14 Hindu Succession act, 1956. DJS 2014.

Question 23

‘H’, a divorcee, married ‘W’ in the year 2005. ‘H’ discovers in the year 2008 that ‘W’ was already married to ‘N’ in London and had married him without obtaining divorce from ‘N’ or ‘H’ and alleges that ‘W’ never informed him regarding previous marriage. Immediately, in the year 2008 ‘W’ obtains decree of nullity of marriage with ‘N’.
What is the legal status of the marriage of ‘H’ and ‘W’ and a daughter born during their wedlock? Would it make any difference to the legal status of their marriage and their daughter, if ‘W’ obtained a decree of divorce instead of a decree of nullity against ‘N’?
What is the legal status of Marriage of H and W and the daughter born during the wedlock. DJS 2012.

Question 24

‘H’ files a petition against wife ‘W’ for divorce on the grounds of adultery. ‘W’ files a petition against ‘H’ seeking restitution of conjugal rights. During the pendency of both the petitions. ‘H’ mutually resolve to get seperated by mutual consent and move for conversion of petition filed by ‘H’ seeking divorce by mutual consent.

Can they also move for the conversion of petition seeking restitution of conjugal rights to one seeking divorce by mutual consent? What according to you are the requirements to be satisfied for grant of divorce by mutual consent? DJS 2012.

Answer 24

Requirements for grant of divorce by mutual consent -
The petition for divorce by mutual consent under S. 13B of the Hindu Marriage act, must be presented to the Court jointly by both the parties.
There are 3 other requirements in S13B(1) -
1. First, it is necessary that immediately preceding the presentation of the petition, the parties must have been living seperately for a period of one year or more. The expression ‘living separately’ connotes not living like husband and wife. It has no reference to the place of living. The parties may be living under the same roof by force of circumstances, and yet they may not be living as husband and wife.
2. The 2nd requirement is that they ‘have not been living together’ which indicates the concept of broken marriage and it would not be possible to reconcile themselves.
3. Third requirement is that they have mutually agreed that the marriage should be dissolved. (Smt. Sureshta Devi v Om Prakash, 1991).

Question 25

S. 6 of the Hindu Succession act, 1956 deals with devolution of interest in Coparcenary property amongst the members of the Coparcenary.

1. What do you understand by Hindu Mitakshara Coparcenary? DJS 2012.

Answer 25

1. Hindu Mitakshara Coparcenary is a unique social security institution.
2. It is an institution which is neither the creation of a statute nor law or agreement between the parties.
3. It’s membership is solely a matter of status which is acquired by birth and adoption.
4. It is a narrower body than what is known as a Joint Hindu Family.
5. A joint Hindu Family is the normal condition of Hindu Society and can be defined as a group of members of family who are descendents of a common ancestor, this includes men, women and children.
6. Within this larger body, there is a narrower body known as coparcenary which included (until 2005 amendments) only male members and that too not far than four degrees from the last male holder of property.
7. Any male member who is more than 4 degrees removed from the last holder will not be a coparcener.
8. The reason why coparceneryship is so limited is to be found in the tenet of Hindu Religion as per which only male descendants up to third degree can give spiritual ministration (Pindadan) and he who offers the pinda inherits the property.
9. After the 2005 Hindu Succession act amendments, daughters are also made coparceners with rights equal to that of a son.

Question 26

S. 6 of the Hindu Succession act, 1956 deals with devolution of interest in Coparcenary property amongst the members of the Coparcenary.
2. What are the rights and liabilities of the daughters in Hindu Mitakshara Coparcenary Property? DJS 2012.

Answer 26

As per amended provisions of S. 6 of Hindu Succession Act, a daughter would have the same rights and liabilties with respect to coparcenary property as a son.
She has the right, just like sons, to dispose of her undivided coparcenary interest or deal with it in the manner she wishes to.

Question 27

S. 6 of the Hindu Succession act, 1956 deals with devolution of interest in Coparcenary property amongst the members of the Coparcenary.
3. Can a daughter make a Will of coparcenary property? DJS 2012.

Answer 27

Since the daughter is the absolute master of her undivided coparcenary interest, she can deal with it in any way she desires.
In this regard sub-section (2) of S 6 makes a specific provision which says that ‘Any property to which a female Hindu becomes entitled by virtue of subsection (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition’.

Question 28

How, what and from whom a Muslim woman can claim maintenance for herself and children? Whether, she would be entitled to maintenance for herself and children after a divorce from husband? Explain. DJS 2012.

Answer 28

1. A Muslim wife is entitled to get maintenance from her husband on divorce till the period of ‘iddat’ such right is terminated on husband’s death.
2. In such cases, she becomes entitled to inheritance in the property of her deceased husband.
3. Although under Muslim personal law, a husband is not bound to maintain his wife after the expiry of the ‘Iddat’ of the divorced wife but under S 125 CrPC, he is bound to maintain her even beyond the period of ‘iddat’ provided she remains unmarried.
4. In Mohd Ahmad Khan v Shah Bano, the Supreme Court observed that the religion preferred by a spouse or spouses has no place in the scheme of S. 125 CrPC which is a measure of social justice founded on an individual’s obligation to the society to prevent vagrancy and destitution.
5. If there is any conflict between Personal law and S. 125 CrPC, then it is clear from the language of the section that it overrules the Personal Law.
6. It was held that a Muslim woman who cannot maintain herself, is entitled to maintenance from her husband till the time she gets remarried.
7. Judges rejected the plea that maintenance to a divorced Muslim wife is payable only till ‘Iddat’ period under Muslim personal law.
   8.

Question 29

Joint Hindu Family Intro

Answer 29

1. The joint Hindu family as an institution is peculiar to Hindu jurisprudence and has its origins in ancient orthodox texts and writings.
2. Though it originated in the propagation of the theory of conferring upon the father nearly absolute authority,
3. however, by efflux of time, the system was considerably whittled down so as to confer equal rights on the sons by birth.
4. The induction of coparceners by birth into the family considerably reduced the absolute power of the father.

Question 30

Who all are the members of the Joint Hindu Family?

Answer 30

1. A joint Hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters.
2. A daughter ceases to be a member of her father’s family on marriage, and becomes a member of her husband’s family.

Question 31

Hindu Succession Act, 2005 - Daughters.

Answer 31

1. The passing of the amendments to the Hindu Succession Act in 2005 merited and conferred equality of status to the daughters as coparceners, thus paving the way for inclusive application of the law.
2. The cardinal doctrine of Mitakshara law that property inherited by a Hindu from his father, father’s father, or father’s father’s father is ancestral property (unobstructed heritage) i.e. his sons, grandson, and great grandson acquire an interest in it from the moment of their birth and become coparceners.

Question 32

Is possession of a joint family property needed for joint Hindu Family?

Answer 32

1. Possession of joint family property is not a necessary requisite for the constitution of a joint Hindu family.
2. Hindus get a joint family status by birth, and the joint family property is only an adjunct of the joint family

Question 33

Effect of registering marriage under Special Marriage Act, 1954.

Answer 33

1. Any Indian who gets married under this Act or gets his/her marriage solemnised under the religion specific law registered under this Act, will, in matters of succession, be governed not by his/her religion based law but by the general scheme of succession laid down under the Indian Succession Act, 1925.
2. This law also applies to the property of the issue of such marriage.