Civil Law II

Haryana Civil Service (Judicial)
Examination  2003
Civil Law Paper  -  II
Time  :  3 Hours                                                                                                                                                    Maximum Marks  :  200
Note  :  All questions are compulsory.  Answer all of them.
Q.  1.(a)  Discuss the concept and characteristics of Joint Hindu Family and Coparcenary.
(b)  Hari, his brothers Shyam and Kailash were joint in business and property.  Hari has, wife, two sons, their wife and four grandsons (two from each) and married daughter.  Shyam has wives and one son.  Kailash has wife and two daughtes.  Kailash demanded partition and his share both in business and property.  Make complete partition.
Q.  2.(A)  A Hindu male died intestate leaving behind an adopted son, an illegitimate son, a married daughter, mother and father.  How and to whom his property will devolve  ?
(b)  A Hindu male bequeathed his property to his wife for life in lieu of maintenance.  He died in 1954.  His widow gifted the property to her brother's daughter in 1961 and died in 1965.  After her death, husband's nephew challenged the transfer on the ground that the property was give only to enjoy for lifetime and after her death it would revert back to her husband's heir.  Decide.  Refer to latest cases of the Supreme Court in his respect.
Q.  3(a)  In certain castes in Punjab, 'Anandkaraj' is a customary ceremony for a valid marriage.  Kehar Singh married to Anand Kaur by simply garlanding each other and not performed 'Anandkaraj'.  What are the consequences of such marriage and position of legitimacy of children of this marriage.
(b)  'Chadarandaji' is the valid customary ceremony is case of marriage of a widow.  The whereabouts of Lakha Singh was not known for a period of 8 years and therefore family members decided that Phool Singh, his younger brother should marry with Lakha Singh's wife, Preetam Kaur.  They performed 'Chadarandaji'.  After 5 years Phool Singh deserted Preetam Kaur and solemnized marriage with another woman Labh Kaur.  Decide the validity of marriage of Phool Singh with Preetam Kaur and with Labh Kaur.  Refer to decided cases.
Q.  4.  Discuss the general rule of succession under Islamic law.
In the following cases to whom property will devolve and how much share each heir will get  ?
(a)     A Muslim male died leaving widow, son, daughter and son and daughter of other predeceased son.
(b)    A Muslim female died leaving husband, mother, father and two daughters.
(c)    A Muslim male died leaving widow and mother.
Q.  5.(a)  Discuss different kinds of Talaq under the Islamic Law.
(b)  State the nature and kinds of Mahr.  Whether a Muslilm widow can retain her husband's property in lieu of Mahr  ?  Whether right to receive Mahr and enjoyment of the property is transferable or heritable.  Discuss with the help of maina Bibi's Case  ?
Q.  6(a)  What are the different documents of which registration is compulsory.  Mohd.  Yashin gifted his dwelling house to his wife orally.  Both were residing in the house.  After one year, he executed a deed stating the fact of gift of the house to his wife.  The deed was not registered.  Whether gift was valid?
(b)  What are the effects of non-registration  ?
Q.  7(a)  "The law of limitation extinguishes remedy but does not extinguish rights.  "Elucidate.  When can plea of limitation be raised  ?
(b)  Examine the effect of fraud or mistake on the period of limitation.
Q.  8.(a)  What are legal disabilities  ?  How do they affect the question of limitation prescribed for the institution of suit  ?
(b)  Customary law of Pre-emption in Punjab imposes unreasonable restrictions on the right to dispose off one's own property.  Whether a neighbour is entitled to claim right of Pre-emption  ?  Refer to decided cases of the Supreme Court.