Civil Law II

Haryana Civil Service  (Judicial)
Examination  1999
Civil Law Paper – II
Time  :  Three Hours                                                                                                                                                                                                      Maximum Marks  :  200
Note  :  Answer any Five questions.  Out of which Three questions must be from Part 'A' and Two from Part 'B'.
PART  -  A
Q.  1(a)  discuss the concept, meaning and scope of 'Partition' under Mitakshara and Dayabhaga Schools.  Further examine, the rights of a minor coparcener to claim Partition.  Decide with reference to case law on the subject.
(b)  A Hindu male died in 1987, leaving behind the following sets of heirs.  Disvide his property  :-
(i)  Son (S), Daughter (DD), Father (F), Grand-Son's Widow (SSW)
(ii)  Daughter (D),  Mother (M), Widow (W), Sons's Widow (SW), and Father (F).
(iii)  Brother (B), Sons's Daughter's Son (SDS) and Daughter's Son's Son (DDS)
Q.  2  The real brothers Hukam Singh and Sukh Ram and Sukhram's Son Chhidda constituted a Joint Family governed by the Beneras School of Mitakshara law under which a Coparcener without obtaining the consent of the other Coparcener was not competent to sell his undivided share for his own benefit.  Hukum Singh died in the year 1952 and his widow Krishna Devi on 15.11.1956 sold 1/2 share in the family house and shop to Gauri Shanker.  Sukhram and Chhidda filed a suit which was contested upto the Supreme Court of India.   Discuss the following and refer recent case law :-
(i)  Whether the sale deed is liable to be cancelled.
(ii)  Whether the Hindu Widow's right in the property of the Joint Hindu Family became larger than her deceased husband.
(iii)  Whether the Hindu Widow Krishna Devi continued to have only a limited interest.
(iv)   Whether the Hindu Widow Krishna Devi had already become absolute owner.
Q.  3(a)  Discuss the changing concept of 'Cruelty' as a ground of matrimonial relief under the Hindu Law and Muslim Law both.  Refer the recent case law on the subject.
(b)  "The adopted boy must bear the reflection of Son".  Comment.
Q.  4(a)  With the help of decided cases discuss the meaning of "reasonable and fair provision and maintenance" as envisaged in Section 3(I) (a) of the Muslim Women (Protection of Rights on Divorce) Act 1986.
(b)  Can a Muslim divorced woman claim maintenance allowance directly against the Wakf Board, or, she should follow the procedure mentioned under Section 4 of the Muslim Women (Protection of Rights on Divorce) Act 1986.  Discuss with reference to case law.
Q.  5(a)  Define 'Will' and explain the principles of abatement of legacies.
(b)  'A' dies leaving a will in which he has left a legacy of Rs. 10,000/- to B.  The will is in the hand writing of A, but not signed by him, nor are there any witnesses attesting the will.  The heirs of 'A' challenged the will.  Can they succeed  ?
Q.  6  With the help of decided cases, write a critical note on the following  :
(i)  Widow's right of retention of husband's estate in lieu of dower.   Whether this right is heritable or transferable, or both  ?
(ii)  Uniform Civil Code or, option of puberty under Muslim Law and Hindu Law.
PART  -  B
Q.  7(a)  Discuss the Constitutional validity of customary law of pre-emption in Punjab, which imposes unreasonable restrictions on the right to dispose off one's own property.  Refer to case law.
(b)  A Muslim executes a deed of gift of his property to 'B', but the gift is not accompanied by delivery of possession.  'A' subsequently excutes a deed of gift of the same property to 'C' and the gift is accompanied by delivery of possession.  Both the deeds are registered.  Is 'B' entitled to the property  ?  In this regard discuss the relevant provisions of the Registration Act.
Q.  8(a)  With the help of decided cases, explain the doctrine of "sufficient Causes" as envisaged under Section 5 of the Limitation Act.
(b)  Examine the effect to 'Fraud' or Mistake on the period of Limitation.
Q.  9(a)  What is the effect of acknowledgement on the period of limitation.  How this period of limitation is computed in such a case.
(b)  Discuss the effects of non-registration of Documents under Indian Registration Act.  Refer to cases.
Q.  10(a)  Discuss the duties and powers of Registrar under the Registration Act.  What is the procedure for admitting the documents to Registration  ?
(b)  'A' deposits the title deeds of his property with 'B' to secure payment of a loan made to him by 'B'.  A then executes a legal mortgage of the same property to 'C'.  The mortgage deed to C is duly registered.  Is 'C' entitled to priority over 'B'?  Decide with the help of relevant provisions of the Registration Act and refer to recent case Law.