Civil Law II

Civil Law – II (2001 )
Time : Three Hours                                                                                                                                                                                                                                          Maximum Marks : 200

Answer any questions, selecting at least one from part II.  All questions carry equal marks.

Part-I

Q.1.  (a)  Explain Karewa and Chadar Andazi Marriages.  Among which tribes of Punjab are these forms of marriages popular  ?
(b)  Define marriage under customary law.  Will it be treated as a valid marriage even if no ceremonies were performed and the convention had been long established and the woman treated as a wife by the man and recognised by the biradari?
(c)  What is the difference between void and voidable marriages  ?  Cun a void marriage be treated as valid for any purpose if both parties agree to it?
Q.2.  Discuss the validity of following marriages under the Hindu, Muslim and Punjab customary law :
(a)  A gets married to his elder brother's widow.
(b)  A gets married to his maternal uncle's daughter.
(c).  A, whose wife B is unable to bear a child, gets married to C with the consent of B.
(d).  A, a boy aged 18 years, gets married to B, a girl aged 17 years.
(e).  W, a woman, gets married to H after 40 days of dissolution of her previous marriage to B.
Q.3.  (a)  Rohini obtained a decree for judicial separation in 1998 against her husband Rohit on ground of Rohit's cruelty.  After a few months she came to know that Rohit has been found guilty of committing rape and sentenced to undergo an imprisonment for three years.  In May, 2000, Rohit files a petition for divorce against Rohini under Section 13(1A) of the Hindu Marriage Act, 1935.  Will he succeed?  Prepare a case for him.
(b)  Discuss "Option of puberty" as a ground for divorce.  Compare the grounds as it is available to a Hindu and a Muslim woman.
(c)  A Muslim male wants to dissolve his marriage.  Advise him explaining the relevant provisions and procedure for divorce under Muslim law.
Q.4.  (a)  Write a short note on Vagwand and Chudavand succession.
(b)  What are the facts to be considered to determine whether a tribe follows agricultural custom ? Whether such a tribe can subsequently be considered to have abrogated custom and if so in what circumstances.
Q.5.  (a)  How does a Hindu joint family differ from a Mitakshara coparcenary ? Can a Hindu female be a coparcener or a karta of the joint family?
(b)  Ram died leaving behind his widow, two sons and one daughter.  He executed a registered will through which he bequeathed one flat to his daughter, one bungalow where the family was residing to his widow and ten acres of agricultural land to both of his sons.  The sons questioned the capability of Ram to execute the will on the ground that the flat and bungalow were ancestral properties as these were purchased out of the income of the agricultural land which Ram had inherited from his maternal grandfather.  Are the objections legally tenable?  Discuss.
(c).  A Mitakshara coparcenary consisted of three brothers A, B and C.  C was employed at Mumbai.  On 1st January, 2001, C addressed a letter to A and B expressing his intention to get separated from the family.  On 4th January, a being the karta alienated a substantial portion of the property to discharge debts due to the government.  The letter sent by C reached A and B on 8th January.  Examine whether the alienation made by A is binding on C's share or not?
Q.6.  A, a Hindu dies intestate in 1995 and is survived by his parents, M and F; one brother B1 and two sister Sil and Si2; a widow W, who remarries after one month of A's death; a son S1 who separated from his father in 1990; another son S2 who is convicted and is sentenced for life for murdering his friend; the widow of a predeceased son S3W who had remarried before the death of A; and a daughter D who is of unsound mind.  He leaves behind property worth Rs. 25 lacs.  Discuss who would get the property and what would be their respective shares.
Q.7  (a)  What are the essentials of a valid Hiba under Muslim law?  Discuss the validity of following gifts in Muslim law:
(a)  Rahim hands over to his wife a non-transferable fixed deposit receipt which he received from a bank and says, "After taking a bath, I will go to the bank and transfer the paper in your name."  he died while bathing.
(b)  Rahim, owner of a rented house, makes a gift to the house to his father and migrates to Dubai where he dies.  He had given a letter of gift to his father but no intimation of it was given by him to his tenant.
(c)  Rahim makes a gift of his house to the child in the womb of his daughter.
Q.8  Discuss the Muslim law relating to Will with reference to the following matters :
(a)  Capacity to make a Will
(b)  Formalities for making a Will
(c)  Subject-matter of a Will
(d)  Bequeathable portion of estate
(e)  Who can be a legatee
(f)  Bequest to heirs

Part-II

Q.9.  State with reasons whether the following documents will fall within the ambit of Section 17 or Section 18 of the Registration Act:
(a)  Power of Attorney
(b)  Partnership Deed
(c)  Agreement to sell
(d)  Will
Q.10.  What is the effect of legal disabilities of a person on the prescribed period of limitation  ?
A obtained a decree of eviction against his tenant.  While the execution of the decree is in progress, a new Act came into force whereby A is required to obtain permission of an authority named in the Act for execution of the decree.  The Act states that the decree cannot be executed without such permission.  What is the effect of this provision?  Does it create a legal disability?  If so, what is the effect of it on limitation of the application for execution in this instant case?