Civil law II

Haryana Civil Service  (Judicial)
Examination  1996
Civil Law Paper – II
Time  :  3 Hours                                                                                                                                                                                                            Max.  Marks  :  200
Note  :  Answer any five questions.  Three must be from part A, one from part B and one from part C.  All questions carry equal marks.
PART  -  "A"
Q.  1  (a)  A Hindu embraces Islam and remarries.  His Hindu wife also remarries.  Is her remarriage valid  ?  Also compare the position of a Muslim wife in similar circumstances.
(b)  A died leaving behind his widow AW and two daughters AD1 and AD2 with an amount of Rs. 60,000/00.  Now his widow adopts a son X.  How much does X get  ?  Give reasons.
Q.  2  Write short notes on four of the following  :
(a)  Antecedent debt
(b)  Testamentary Guardian
(c)  Mitakshara coparcenary
(d)  Pious obligation
(e)  Hindu
Q.  3  (a)  A and his brothers B and C are members of a joint family under the Mitakshara School.  A sues B and C for partition.  After the suit but before the decree A dies, leaving a widow.  Can the suit be continued, if so by whom  ?  If not, whether B and C will get A's share by survivorship  ?  Discuss with reasons.
(b)  A Hindu female died in 1995 leaving her husband H, two daughters D and E, two sons of a pre-deceased son R and M her brother B, her mother N, her step mother Y, and a widow of her brother Z.  The deceased had inherited property from her father.  Divide A's property among her heirs.
Q.  4  Examine the validity of the following  :-
(a)  A Muslim male marries the daughter of his own step mother from previous husband
(b)  A Sunni Muslim boy of 16 years marries a Christian woman of 81 years.
(c)  A marries the daughter of his own wife from previous husband.
(d)  A Sunni girl marries a Christian male.
(e)  A shia male marries a Christian girl.
Q.  5  Writ short notes on the following  :-
(a)  Hiba-bil-iwaj
(b)  Sajjadansahin
(c)  Hizanat
(d)  Mehar-i-Misal
PART – "B"
Q.  6  Where a person entitled to institute a suit is a minor or insane or idiot; when will the prescribed period of limitation begin to commence  ?  Give illustrations.
Q.  7  (a)  What is the effect of payment made before the expiry of the limitation.
(b)  A owes a sum of Rs. 200/- to B on a pronote.  Before the expiry of the period of limitation A pays a sum of Rs. 200/- to B towards that pronote.  What is the effect of this payment on limitation  ?
Q.  8  Under what circumstances can delay be condoned in the filing of appeal and applications  ?
Part  -  "C"
Q.  9  (a)  What is the effect if a document required under law to be registered is not got registered under the provisions of Indian Registration Act, 1908  ?  Is such document enforceable in law  ?
(b)  Can a document which requires registration be received in evidence of any transaction effecting such property or conferring such power.  If it has not been registered  ?
Q.  10  Whether the following types of lease of immovable property require registration  ?  Give reasons.
(a)  A lease for year to year.
(b)  A lease for six months.
(c)  A lease for any term exceeding one year.
(d)  A lease which is for one year contains an option to the tenant to renew for further period of one year.