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Partition and Succession

Description: Legal Aptitude
Number of Questions: 15
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Tags: Legal Aptitude Concept in Family Law
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A partition cannot be re-opened under the Hindu law by which of the following persons?

  1. Adopted son

  2. Absentee coparcener

  3. Mother

  4. Minor coparcener

  5. All of the above


Correct Option: C
Explanation:

A mother cannot ask for partition to be re-opened.

A reunion is permitted to parties to original petition and exclusively between

  1. father and son

  2. brothers

  3. mother and son

  4. grandsons

  5. father and son, and between brothers


Correct Option: E
Explanation:

Reunion can be between all or any person of original partition.

The Hindu Succession Act bases its rule of succession on the Mitakshara principle of preference of heirs on the basis of proximity of relationship. Which of the following is also known as proximity of relationship?

  1. Rule of survivorship

  2. Rule of representation

  3. Rule of propinquity

  4. Per capita, per stripes rule

  5. None of the above


Correct Option: C
Explanation:

The Hindu Succession Act bases its rule of succession on the basic Mitakshara principle of propinquity (preference of heirs on the basis of proximity of relationship).

Which of the following is/are entitled to inherit property after the death of the intestate?

  1. Legal representative

  2. Heir

  3. Propositus

  4. Agnate

  5. All of the above


Correct Option: B
Explanation:

Heir is entitled to inherit property after the death of the intestate. The law of inheritance consists of rules which determine the mode of devolution of property of the deceased on heirs solely on the basis of their relationship to the deceased.

If a person dies without leaving a will, the succession to his property will be called as

  1. testamentary succession

  2. intestate succession

  3. partition

  4. family arrangement

  5. None of the above


Correct Option: B
Explanation:

Intestate succession of property is explained as when a person dies without leaving a will. It is based on the law of inheritance. Rule of inheritance determines the mode of devolution of property of the deceased on the heirs, solely on the basis of their relationship to the deceased.

Which of the following persons will be preferred first in respect to the intestate succession of property of a Hindu female (inherited by her from her father or mother)?

  1. Son and daughter

  2. Husband

  3. Heirs of father

  4. Father

  5. None of the above


Correct Option: A
Explanation:

Property of a Hindu female dying intestate falls under three heads. One category is when a property is inherited by a female from her father or mother. There are two other categories under the law of succession where the property of the female dying intestate will be given as per the sequence of these categories. Sons and daughters come in the first category and so on.

Which of the following is/are not entitled to inherit under the Hindu Succession Act?

  1. Children of voidable marriage

  2. Children of void marriage

  3. Adopted children

  4. Step children

  5. All of the above


Correct Option: D
Explanation:

Step children do not fall under the definition of a son or a daughter under the Hindu Succession Act. Thus, stepson or stepdaughter is not entitled to inherit.

Which of the following is/are not a valid mode of partition?

  1. Spoken words

  2. Renunciation by coparcener

  3. Conversion to another religion

  4. Death of coparcener

  5. None of the above


Correct Option: D
Explanation:

Death is not a mode of partition of joint family property under the Hindu law. Even after the death of a coparcener, his status can never severe from the joint family.

Which of the following is/are not the ground(s) of disqualification for succession under the Hindu Succession Act?

  1. Mental disability

  2. Unchastity of a widow

  3. Conversion to another religion

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

Law of succession does not provide all of the above grounds of disqualification for succession.

Under Section 15(2), when a Hindu female dies intestate without leaving any son or daughter and leaves behind property inherited from her father or mother, such a property shall devolve upon which of the following?

  1. Husband

  2. Heirs of husband

  3. Heirs of father

  4. Heirs of mother

  5. None of the above


Correct Option: C
Explanation:

If a female dies without leaving any children, her property will go to the heirs of the father. This is in respect of property inherited by her from her father or mother.

Which of the following is/are known as heirs of Hindu females under Section 15(1)?

  1. Entries

  2. Propositus

  3. Collaterals

  4. Cognates

  5. None of the above


Correct Option: A
Explanation:

Under Section 15(1) of the Succession Act, the heirs of Hindu female are divided into five categories called ‘entries’.

Which of the following is/are correct about stridhan under the Hindu Law of Succession?

  1. Woman’s/widow’s estate

  2. Absolute property of woman

  3. Limited estate

  4. Both 1 and 2

  5. None of the above


Correct Option: B
Explanation:

Stridhan is the woman’s absolute property over which she has full rights of disposal or alienation. Gifts from relations and property acquired by self-exertion are a few examples.

Which of the following can be a subject matter of partition?

  1. Joint family property

  2. Impartible estate

  3. Separate property

  4. All of the above

  5. None of the above


Correct Option: A
Explanation:

The joint family property is the subject matter of partition under the Hindu law. Partition is a numerical division of property.

Which of the following persons do(es) not have a right to partition?

  1. Mother

  2. Son and grandson

  3. Adopted son

  4. Son born after partition

  5. None of the above


Correct Option: A
Explanation:

Mother does not have any right to partition. In a joint family property, partition is always between coparceners.

Which of the following will be preferred first in respect to the intestate succession of the property of a Hindu female (inherited by her from her husband or father-in-law)?

  1. Son and daughter

  2. Husband

  3. Heirs of husband

  4. Father

  5. None of the above


Correct Option: A
Explanation:

Property of a Hindu female dying intestate will be divested through the rule of three heads. First head is when a property is inherited by a female from her father or mother. When a property is inherited by a woman from her father or mother, that property on her death will be first given to the son and the daughter of the female.

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