Civil Law II

Haryana Civil Service (Judicial)
Examination  2000
Civil Law Paper – II
Time  :  3 Hours                                                                                                                                                                                                     Max.  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)  When does a Hindu Widow get absolute ownership of a property if the property is given to her as limited owner by virtue of an instrument like 'Will'?  IIIustrate with case law.
(b)  Who will be heirs of a female Hindu if she insherits the property from her relations  ?
(c)  A Hindu 'H' and his wife 'W' had 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 the 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 favour 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 a "Karta" in Hindu joint family  ?  Discuss in detail.
(b)  Can "Karta" refer disputes to arbitration and if referred, are other family members bound by the Arbitral award  ?
(c)  A,  B and C are members of a Joint Hindu Family.  A and B are the managing members.  A and B barrow money from P for the Joint family.  Since they failed to repay in time, P filed a suit which was decreed against A and B as managers.  Discuss whether this decree can be executed 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 effect 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 woman after her divorce give her child in adoption without the 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 the days 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 that issue  ?
(c)  can the court extend period of limitation for filing suit if sufficient causes are shown  ?  What are the limitation on powers of condonation of delay by courts  ?
Q.  9(a)  What is the effect of addition of a plaintiff or defendant in a pending suit upon the limitation for filing such suit  ?
(b)  Describe what is an "acknowledgement" under the Limitation Act.  What are the effect of "acknowledgement" on limitation  ?  Discuss with illustrations.
Q.  10(a)  What are the pre-requisites of establishing "ADVERSE POSSESSION" in Hindu Law and Limitation Act  ?
(b)  What are the duties of government officers with reference to section 5 of the Limitation Act in a suit, where the government is a party?