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MCQ Question Bank ForFamily Law II

Set 1

1. Mitakshra Coparcenary consists of....

a) Only female
b) Only male
c) A & B is correct
d) None of these
2. Female are the part of Dayabhaga Coparcenary
a) True
b) False
c) Partly true
d) Partly false
3. Mitakshra Hindu Joint Family consist…
a) Male members
b) Female members
c) Dasi
d) All the above
4. Karta of the joint family is generally…
a) Male member
b) Senior male member
c) Junior male member
d) Female member
5. Dayabhaga fathers property is devolve by…
a) Succession
b) Survivorship
c) Any above
d) None of the above
6. Heritage under Hindu Law includes…
a) Obstructed
b) Unobstructed
c) A and B
d) None of the above
7. Karta has power to sale family property if there is…
a) Legal Necessity
b) Personal Necessity
c) Others Necessity
d) None of the above
8. Mitakshra Coparcenary consist of…
a) Father plus three generations
b) Father plus three male lineal descendants
c) Father plus sons and daughters
d) Father and sons only
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9. Dayabhaga coparcenary first time come into existence

a) On death of the father
b) Birth of the son
c) Birth of daughter
d) Birth of the sons and daughters
10. Mitakshara is a commentary by
a) Jimutavahana
b) Vijnaneshwara
c) Raghunandan
d) None of these
11. Which of the following is a school of Hindu law?
a) Mitakshara School
b) Dayabhaga School
c) Both a and b
d) None of the above
12. The relation of a HUF arises from___________
a) Status
b) Contract
c) Agreement
d) None of these
13. What is the place of Karta in HUF
a) Major member
b) Minor member
c) Male member only
d) Any one of above
14. Which of these properties is not heritable:
a) Movable
b) Ancestral
c) Self acquired
d) None of these
15. The members in the joint Hindu family are called……
a) Karta
b) Coparceners
c) Generations
d) Partners
16. Right of a Coparceners are:
a) Right to joint possession
b) Right of Common possession
c) Right to enforce partition
d) All the above
17. Who can be Karta
a) Senior most male
b) Female member
c) Junior Male Member
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d) All the above

18. The characteristics of a Karta are:
a) Unique (Sui Generis)
b) Independent
c) Manager
d) All the above
19. In which case it was held that “if there is no coparcenary subsisting between a Hindu
and his sons at the time of death of his father, property received by him on his father's
death cannot be blended with the property which had been allotted to his sons on a
partition effected prior to the death of the father.”
a) CWT, Kanpur v. ChanderSen
b) CIT v. KaruppanChettiar
c) State of Tamil Nadu v. GanesaOdayar
d) Saurabh Sharma v. Om Wati and Ors
20. A Hindu Coparcenery is
a) Synonymous to joint Hindu Family
b) A narrower body within a joint Hindu family
c) A wider body of which joint Hindu family is a party
d) Either a or b
21. Which School recognizes the distinction between obstructed and unobstructed
heritage
a) Dayabhanga School
b) Mitakshara School
c) Both a and b
d) None of the above
22. Renunciation of interest in the coparcenary property, by a coparcener
a) Can be revoked generally
b) Can be revoked with the consent of all the coparceners
c) Can be revoked through judicial proceedings
d) Cannot be revoked
23. A junior male member can be a Karta of a joint family
a) As a matter of right
b) Without the consent of other coparcener
c) Only with the consent of other coparcener
d) Either a or b or c
24. A lender to manager of a Joint Hindu Family is
a) To make bonafide enquires as the existence of a legal necessity of the family
b) To bound to see the actual application of the money for that necessity
c) Both a and b
d) Either a or b
25. Can a Karta dispose of coparcenary property without consent of the
family/coparcenary?
a) Yes, for legal necessity
b) Yes, for benefit of estate
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c) No
d) Both a and b
Set 2

Q1 InDe Jure Partition there is

a) Community of interest and unity of possession

b) No community of interest but unity of possession
c) Neither Community of interest nor unity of possession
d) Community of interest by no unity of possession

Q2 InDe facto Partition there is

a) Community of interest and unity of possession

b) No community of interest but unity of possession
c) Neither Community of interest nor unity of possession
d) Community of interest by no unity of possession

Q3 After doing partition once, the parted hindu cannot get________ position.

a) joint
b) Separated
c) A & B both are correct
d) A & B both are wrong
Q4 Can the female members of the family claim partition?

a) Yes
b) No
c) A & B both are correct
d) A & B both are wrong
Q5 In the joint property, the right to ask for partition is ___________.

a) Always there
b) Cannot be there
c) Only “B” is correct
d) A & B both are wrong
Q6 partition under the Mitakashara law means

a) division of status
b) division of property
c) division of status and property
d) division of trust
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Q7 While determining as to what property is available for partition, the provision has to be
made for

a) Joint family debts

b) individual debts of the coparceners
c) tainted debts of the father
d) tainted debts of the grandfather.

Q8 Provision for which of the following is not to be made, while determining the property
available for partition

a) Joint family debts

b) marriage expenses of unmarried daughter
c) marriage expenses of male members of the family
d) performance of certain ceremonies.

Q9. Under the Mitakshara law, partition can be claimed by

a) a coparcener
b) a female
c) a person claiming through a female
d) coparcener and a female.

Q 10 under the Dayabhaga law, partition can be asked by

a) a female
b) a person claiming through a female
c) person in mothers womb.
d) A Coparcener.

Q11. A wife is entitled to a share on partition taking place between her husband and

a) his father
b) his brother
c) his sons
d) other collaterals

Q12. Severance of joint family status takes place, from the date when the communication

a) is received by the first coparcener

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b) is received by the last coparcener

c) is received by the karta
d) is sent
Q13. A partition can be

a) total
b) partial
c) total or partial
d) No partial

Q14 . A son begotten as well as born after partition, is entitled to have the partition re-
opened, where

a) father has reserved a share to himself

b) father has not reserved a share to himself
c) father has or has not reserved a share to himself
d) father is of unsound mind.

Q15. When a minor coparcener files a suit for partition through the guardian or the next
friend and the court finds the partition being for the welfare of the minor, the partition/
severance of status place from the date

a) of the institution of the suit

b) of the court’s order
c) fixed by the court.
d) agreed upon by the parties.

Q16 If a minor die during the pendency of the suit

a) Suit cannot be continued by the legal representatives of the minor

b) Suit can be continued by the legal representative of the minor
c) Suit can be continued by the legal representatives of the minor only with the consent
of other coparceners.
d) Suit can be continued by next friend.

Q 17 A Widow- mother on partition between the sons, is entitled to a share in the

coparcenary property

a) equal to that of a son

b) 1/3 of that of a son
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c) ½ of that of a son
d) 1/4 of that of a son

Q18 A wife on partition between her husband and his sons, is entitled to a share in the
coparcenary property.

a) ½ of that of a son
b) 1/3 of that of a Son
c) ¼ of that of a son
d) equal to that of a son

Q19 A son cannot ask for a partition if his father is joint with his own father, brothers or
collaterals in

a) Punjab
b) Bombay
c) Chennai
d) Kerala

Q20. Which of the following is not an important mode for effecting partition

a) Formation of an intention
b) Declaration of the intention
c) Communication of the intention to karta
d) Communication of the intention to Each and every coparcener

Q 21 Revocation of partition can be effected by

a) Any of the coparcener

b) Unilateral declaration
c) Mutual agreement
d) Oral revocation

Q22 Re-opening of partition cannot be done in which of the following cases?

a) More property is added after partition

b) Property concealed by fraud
c) Partition unjust and unfair to minor
d) Adding of the new coparcener by birth after partition
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Q23 A Hindu joint family consist of a father, mother, 2 sons and one son’s son. After
partition shares will be:

a) F-1/4; M- ¼; S1 -1/4; S2- ¼; SS- No share

b) F-1/4; M- ¼; S1 -1/4; S2- 1/8; SS-1/8
c) Both are wrong
d) Both are possible

Q24 A Hindu joint family consists of Father, Mother, Two surviving sons, one daughter, Son
of a predeceased son and widow of the predeceased son. At the time of partition in 1948

a) Mother is not eligible to take share but daughter is

b) Neither mother nor daughter is eligible to take the share
c) Mother is entitled to take the share but Daughter is not
d) Both mother and daughter are entitled to take the share

Q25 After Re-union which is not one of the consequences

a) Regaining the status of undivided property

b) Applicability of Doctrine of survivorship
c) Unity of possession and but no community of interest
d) Senior most member will become the Karta

Set 3

Q1. According to which case property inherited by a hindu male from his father will be his
separate property?

a) CWT v. Chandersen
b) Prakash v. Phulwati
c) Moro Vishwanathan v. Ganesh
d) CIT v. G. Laxminarayan
Q2. According to which case both the Daughter and Father should be alive to claim the
benefit of HSAmendment Act 2005.

a) CWT v. Chandersen
b) Prakash v. Phulwati
c) Moro Vishwanathan v. Ganesh
d) CIT v. G. Laxminarayan
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Q3. Who among the following is a class II heir as per the scheduled attached to Hindu
Succession Act, 1956.

a) Mother
b) Son
c) Daughter
d) Father
Q4. Whether the doctrine of survivorship is applicable after HS Amendment, Act 2005

a) YES
b) NO
Q5. Which Sec of Hindu Succession Act, 1956. talks about devolution of interest in the
coparcenary property

a) Sec 9
b) Sec 7
c) Sec 6
d) Sec 8
Q6. General rule of succession in the case of males are provided in which section of Hindu
Succession Act, 1956.

a) Sec 9
b) Sec 7
c) Sec 6
d) Sec 8
Q7. Which section of Hindu Succession Act, 1956. talks about order of succession among
heirs in the schedule

a) Sec 9
b) Sec 7
c) Sec 6
d) Sec 8
Q8. According to the rules contained in which section of Hindu Succession Act, 1956.

distribution of property among heirs in class I of the schedule is done.

a) Sec 10
b) Sec 9
c) Sec 7
d) Sec 8
Q9. Which section of Hindu Succession Act, 1956 contain the rule as to distribution of
property among heir in class II of the Schedule
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a) Sec 10
b) Sec 11
c) Sec 9
d) Sec 8
Q10. Which section of Hindu Succession Act, 1956.contain the rule as to distribution of
property among agnates and cognates.

a) Sec 10
b) Sec 11
c) Sec 12
d) Sec 13
Q11. Under Muslim Law the coming back of the property in the absence of residuaries to the
sharer is called

a) Doctrine of Radd
b) Doctrine of Aul
c) None of the above
Q12. Under Muslim Law in case where the shares of the sharer exceeds the heritable property
the share of each sharer will be proportionately reduced. This is known as

a) Doctrine of Radd
b) Doctrine of Aul
c) None of the above
Q13. Who among the following is a primary heir of a muslim male

a) Son
b) Daughter
c) Both
d) None
Q14. In the presence of a child or child of a son howsoever low the share of Husband in the
property of his deceased wife is

a) 1/8
b) 1/6
c) 1/4
d) 1/2
Q15. Who among the following inherits as residuary

a) Son
b) Mother
c) Wife
d) Grand Father
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Q16. In the absence of a child or child of a son howsoever low the share of Husband in the
property of his deceased wife is

a) 1/8
b) 1/6
c) 1/4
d) 1/2
Q17. In the absence of a child or child of a son howsoever low the share of wife in the
property of his deceased husband is

a) 1/8
b) 1/6
c) 1/4
d) 1/2
Q18. In the absence of a child or child of a son howsoever low the share of wife in the
property of his deceased husband is

a) 1/8
b) 1/6
c) 1/4
d) ½
Q19. A daughter inherits as residuary in which case

a) Always
b) In the presence of son
c) In the presence of mother
d) None of the above
Q20. In the presence of a child or child of a son howsoever low the share of father in the
property of his deceased son is

a) 1/8
b) 1/6
c) 1/4
d) 1/2
Q21. Which section of the Hindu Succession Act, 1956 provides that heirs related to intestate
by full blood will be preferred to heirs related by half blood?

a) Sec 16
b) Sec 18
c) Sec 19
d) Sec 20
Q22. A person abetting the murder of the deceased is disqualified to inherit his property as
per which section of Hindu Succession Act, 1956
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a) Sec 16
b) Sec 18
c) Sec 25
d) Sec 20
Q23. If an intestate has left no heir qualified to succeed to his property his property will
devolve on government according to which section of Hindu Succession Act, 1956

a) Sec 16
b) Sec 18
c) Sec 25
d) Sec 29
Q24. Which Section of Hindu Succession Act, 1956 talks about notional partition

a) Sec 9
b) Sec 7
c) Sec 6
d) Sec 8
Q25. In the presence of a child or child of a son howsoever low the share of mother in the
property of his deceased son is

a) 1/8
b) 1/6
c) 1/4
d) 1/2
SET 4

QUE 1: Transfer of property by way of gift to an unborn is

a) Void
b) Voidable
c) Irregular

QUE 2: Which of these is not essential element of gift

a) Delivery of possession
b) Acceptance
c) registration

QUE3: How much property can a muslim give by way of gift

a) All
b) ½
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c) 1/3

QUE 4: Delivery of possession is not necessary in gift when

a) Donee is unborn
b) Registration is done
c) When a gift is made by husband to wife and viceversa.

Que5: Gift is void

a) Contingent gift
b) Gift in future
c) Both a and b

Que 6: Gift is irrevocable

a) By a formal decree of court on ground of free consent

b) When the possession is still not delivered by donor to donee
c) When the donor/donee is dead.

QUE 7: Mushaa is applicable to

a) Gifts only
b) Sale
c) exchange

Que 8: Gift of mushaa is inapplicable under sunnilaw,even in a property capable of division if

a) Gift by one heir to another

b) Gift of a share in a land company / gift of a share in the freehold property in a large
commercial town
c) Both a and b

Que9: Landmark case on delivery of possession in Mushaa is

a) HIDAYATUDDIN v. ABDUL GANI AIR 1976 Bom 23

b) MohdSadiq Ali v. FAKHR JAHAN BEGUM AIR 1932BPC 13
c) MUSA MIYA v. KADAR BUX AIR 1928 PC 108

QUE 10: GIFT MADE BY THE HUSBAND IN FAVOUR OF MINOR WIFE BY

REGISTERED DEEDBUT ACCEPTED BY MINOR WIFE” S MOTHER IS
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A) VOID
B) VALID
C) IRREGULAR

Que 11: Elements of valid wills under muslim personal law is not

a) Declaration/ delivery of possession

b) Acceptance/
c) Consent of heirs

Que 12: Marz-ul- maut gift is not a gift made by a muslim suffering fronm illness

a) Creating an apprehension in his mind that he may die of that illness

b) Creating an apprehension in mind of others that he may die of such illness
c) Eventual death of the person suffering from illness.

QUE13 : Under Sunni law , a muslim can give how much of the property without the
consent of heirs?

a) ⅓
b) ½
c) all

Que 13Under Shia law a Muslim can give all his property by way of wills in favour of non-
heir

a) With the consent of heirs

b) Without consent
c) With the consent of non-heirs

Que14 :Undersunni law , a muslim can give more than1/3 ofl his property by way of wills in
favour of heir

a) With the consent of heirs

b) Without the consent of heirs
c) With the consent of non-heirs

Que15 : under sunni law consent of heirs could be given for more than ⅓ bequest

a) Before the death of testator

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b) After the death of testator

c) anytime

Que 16; mark the wrong answer.

Will of a person committing suicide is

a) Valid in sunni law in all cases

b) Valid if made before taking any step towards commission of suicide shia law
c) Valid subject to approval of heirs

Que 17: Will in favour of unborn person is invalid

a) Under sunni law if born within 6 months of bequest

b) Under shia law if the child is born within the longest period of gestation
c) If child is born in 2 years of bequest

Que 18: Principle of Rateable abatement of legacies is applicable to

a) Sunnis
b) Shias
c) both

Que 19. The legacy lapses under shia law

a) If legatee dies before the testator

b) Acceptance of legacy is during the life time of testator
c) The legatee murders the testator intentionally

Que 20; Crucial test of marz-ulmaut gift is

a) objective apprehension of death

b) Subjective apprehension of death
c) death

Que 21; Will made in favour of a hindu temple trust is

a) Valid
b) Void
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c) voidable

Que 22; Whether the property dedicated to God by creation of Wakf can be consumed

a) Yes
b) No
c) Only the income coming from the property can be consumed

Que 23: Sadaqah purpose is

a) Religious
b) Social
c) Economic help

Que 24: Chronological priority means

a) If several bequests are made through a will , priority will be determined by the order
in which they are made
b) The property of each legatee is reduced in proportion of the share allotted to him in
such manner that the aggregate of the property given to all does not exceed
bequeathable ⅓.

Que 25. Under muslimlaw , a muslim can gift his property to

a) Hindu/ non muslim

b) Muslim
c) all

Set 5

As per section 14 of the Hindu Succession Act, 1956 any property

possessed by a female Hindu, whether acquired by her before or after the
commencement of this Act, shall be held as a
a) Half owner
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b) Limited owner
c) Full owner
d) All of the above
As per section 14 of the Hindu Succession Act, 1956 any property
possessed by a female Hindu, whether acquired by her before or after the
commencement of this Act, shall be held as a
a) Half owner
b) Limited owner
c) Full owner
d) All of the above
1. Antecedent Debt includes..

A. Unpaid deceased fathers debt

B. Alive fathers debt

C. Brothers debt

D. Relatives debt

2. On which date did The Hindu Succession Act, 1956 came into force?

A. 17th March 1956

B. 17th June 1956

C. 11th March 1956

D. 11th June 1956

3. Which section of the Hindu Succession Amendment Act, 2005 deals with Pious
Obligation of the son:-
A. Sec 6(1)
B. Sec 6(2)
C. Sec 6 (3)
D. Sec 6(4)
4. What are avyavharik Debts:-
A. Time bared debts
B. Spiritual debts
C. Religious debts
D. Tainted debts
5. Stridhana is…

A. Self-acquired property

B. Separate property

C. Joint property
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D. Inherited property

7. Stridhan Comprises of gifts received by the women at the time of:-

A. Widowhood

B. Coverture

C. Maidenhood

D. All of the Above

6. Ownership of a women’ estate pre 1956 was:-

A. Limited
B. Partially limited
C. Complete
D. Absolute
7. As per section 14 of the Hindu Succession Act, 1956 any property possessed by a female
Hindu, whether acquired by her before or after the commencement of this Act, shall be
held as a

a) Half owner

b) Limited owner

c) Full owner

d) All of the above

8. Which of the following changes happened due to Hindu Succession (Amendment) Act,
2005?

I. In case of Mitakshara Law daughter is now allotted the same share as is allotted to a
son

II. Daughter is now liable for the recovery of debts due from her father, grandfather and
great grandfather if such debts occur before the commencement of Hindu Succession
(Amendment) Act of 2005

III. Daughter has been made subject to the same liabilities in respect of the coparcenary
property as that of Son

A. Ill only

B. I and III

C. II and III

D. I, II and III

9. Which of the following is true for section 6 of The Hindu Succession Act, 1956?
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A. Daughter of a coparcener becomes a coparcener in her own right at birth

B. Daughter of a coparcener becomes a coparcener in her own right from the date of
commencement of Hindu Succession (Amendment) Act, 2005

C. Daughter of a coparcener becomes a coparcener in her own right on attaining maturity

D. None of the above

10. A Hindu female died interstate during pendency of a partition suit of her parental
property, not having left any children behind. Which of the following statements will
apply to her husband?

A. Husband will be able to inherit the property by virtue of section 15 of the Hindu
Succession Act, 1956, if the pending case is decided in wife’s favour

B. As the properly is parental, on wife’s death it will dissolve on heirs of father or mother
as the case may be and not on Husband

C. Husband will lose all rights to parental property

D. None of the above

11. Escheat mean…

A. When relative inherit property of propositus

B. When State inherit property of propositus

C. Any of the above

D. None of the above

12. Succession to the Hindu female dies intestate is governed by…..of the Hindu Succession
Act, 1956

A. Section 14 & 15

B. Section 15 & 16

C. Any above

D. All the above

13. Scheme of Hindu Succession is founded on…

A. Principle of Propinquity

B. Preferentiality of Heir

C. Proximity of Relations
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D. All the above

14. Any separate property of the Hindu female dying intestate shall devolve upon:-
A. Son and Daughter
B. Husband
C. Children of preleased son and daughter
D. All of the above
15. A Hindu daughter is capable of testamentary disposition of her coparcenary property-
A. True
B. False
C. Partially true
D. None of the above
16. What is Notional Partition-
A. Fictional Partition
B. Actual Partition
C. Partial Partition
D. None of the above
17. Which section deals of Notional Partition in the HAS
A. Sec 6(1)
B. Sec 6(2)
C. Sec6 (3)
D. Sec6 (5)
18. Principle of Survivorship is completely repealed by –
A. 2005 Amendment Act
B. 2002 Amendment Act
C. 1956 Amendment Act
D. 1955 Amendment Act
19. Nothing contained in this sub-section shall affect or invalidate any disposition or
alienation including any partition or testamentary disposition of property which had taken
place
A. before the 20th day of December, 2005
B. before the 20th day of December, 2004
C. before the 20th day of December, 2003
D. all of the above
20. Sec 6 (4) shall not apply to any debts contracted before
A. the commencement of the Hindu Succession (Amendment) Act, 2004
B. the commencement of the Hindu Succession (Amendment) Act, 2003
C. the commencement of the Hindu Succession (Amendment) Act, 2005
D. none of the above