Civil Law II

Himachal Civil Services Judicial
Examination, 2004
Civil Law Paper II
Time : 3 Hours                                                                                                                                                                                                                                                  Maximum Marks : 200

Note  ;  Attempt any five questions.  All questions carry equal marks.  It is compulsory to attempt at least one question from each part.

PART  "A"
Q.  1.  (i)  In 1989 P took a loan of Rupees twelve hundred from B and executed usufructuary mortgage deed in this regard.  The Mortgage was for 9 years and the condition was that P shall not sell or mortgage the property in this period of nine years and that if he chose to sell the property he was required to give B the right of first refusal.  The stipulation thus created a right of pre-emption in favour of B.  Is it a clog on P's right of redemption  ?  Discuss.
(ii)  A who had an adopted son B during her maidenhood married C.  C died issueless and A adopts another son P on behalf of her deceased husband.  Examine the legal validity of these adoptions.
(iii)   'A' a Muslim sold his property to B a Hindu.  C a Muslim claims the right of pre-emption on the basis of co-sharing.  Decided on C's claim.  Will it make any difference if A happens to be Hanafi and C a Shia Muslim  ?
Q.  2  (i)  A transfers property of which he is the owner to B in trust for A and his intended wife successively for their lives and after the death of the survivor, the eldest son the intended marriage for life.  And after his death for A's second son.  Does the interest so created for the benefit of the eldest son take effect  ?  Decide.
(ii)  A, a Hindu-widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable to sell a filed, part of such property to B.  B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance and that the sale of the field is necessary, and acting in good faith, buys the field from A.  will the necessity for the sale be deemed to have existed as between B on the one part and A and the collateral heirs on the other part ? Decide.
Q.  3  (i)  Decide upon nature of following properties :-
(a)  Salary of Engineer for whose education a joint Hindu landed property was sold.
(b)  Bonus of an insurance policy of a coparcener whose premium was paid by joint Hindu family business.
(ii)  Decide upon the validity of following gifts under Muslim Law :-
(a)    A Muslim gives his landed property in gift to Kali Ji Temple.
(b)    A makes of a hiba his house to B with a condition that B shall not sell it to any one.
Q.  4  (i)  A a Hindu who has separated from his father B, sells to C three fields, X, Y and Z representing that A is authorized to transfer the same.  Of these fields z does not belong to A, it having been retained by B on the partition.  A on the death of his father obtains Z.  The contract of sale was not rescinded by C.  Can C require A to deliver Z to him  /  Decide.
(ii)  A lets a house to B for five years.  B under lets the house to C at a monthly rent of Rs. 2000.00.  The five years expire, but C ontinues in possession of the house and pays the rent to A.  Decide upon the status of C as lessee.
(iii)   A gives a lakh of rupees to B reserving to himself, with B's assent, the right to take back at leisure Rs. 10,000,00 out of the lakh.  Decide upon the validity of this gift.
Q.  5.  (i)  A male Hindu dies in 1984 leaving his father, mother, daughter's daughter, sister, mother's mother.  What will be the order of succession of his property ? Decide.
(ii)  A female Hindu inherits property from her mother in 1985.  She dies leaving her husband and her sister's son.  Who will succeed to the above property ? Decide.
(iii)   A files a suit for divorce against his wife B and obtains a decree of dissolution of marriage.  B files an appeal against the decree.  During pendency of appeal A marries another women C.  Is this marriage valid ? Decide according the Hindu law.
Q.  6  (i)  A a Muslim male, married B a Muslim female on December 28, 1972, when the bride was carrying five months.  She gave birth to a daughter on April 28, 1973.  The husband divorced his wife though talaq on May 2, 1977, after about five years of the marriage when the daughter whom he had given his name as a father was four years old.  When the wife sought maintenance for herself and the child.  The husband refused to pay her alimony saying his wife was already pregnant at the time of her marriage and hence the marriage was invalid and void as he was not aware of his wife's pregnancy ? Decide.
(ii)  Can the doctrine of acknowledgment be invoked in the following cases :
(a)     The legitimacy of A, aged 20 years is in dispute.  B aged 27 years, claims that A is his son.
(b)    A acknowledges B to be his son.  It is discovered that at the time of B's birth his mother M was a lawfully married wife of one Z.
Q.  7  (i)  A the wife is a teacher in a department of Himachal Pradesh University, Shimla and her husband B is an I.A.S. officer posted in another district.  B compels A to resign the job so that they may lead a happy life by living together.  A refuses to resign.  Does her refusal amount to desertion  ?  Decide.
(ii)  A Hindu husband and wife did not have cordial relations, and were living separately.  The wife, alongwith her parents, arranged to perform marriage of her adult daughter.  The father filed an objection stating that as the natural guardian he alone had the legal right to perform the ceremonies of marriage including the 'Kanyadan' ceremony.  He sought a declaration to that effect and also a permanent injunction restraining the mother and her parents from performing any ceremony in connection with the marriage of their adult daughter.  Decide.
Q.  8  (i)  "Notwithstanding that the performance of his duties requires, to some extent, the exercise of judgment and discretion, the office of Register of deeds is essentially a ministerial one"  Discuss.
(ii)  "Limitation bars the remedy but not the right"  Explain.
(iii)  Explain legal disability as a ground for extending the period of limitation.
(i)     What are "Registrable Document" under the Registration Act.