Q. 1. What is the object of the Family Courts Act,1984?

Ans.:- The main objective of this progressive legislation was to provide speedy trials and quick
settlements of family matters. Settlement can also be through mediation, negotiation,
conciliation.
Q.2. What do you mean by Westernisation?
Ans.:- Westernisation in the context of Hindu law refers to the changes that occur when a
non-Western country, such as India, undergoes prolonged contact with Western culture and
values. Let’s delve into this concept further:
1. Sanskritisation:
o Sanskritisation is a process where people from lower castes collectively adopt
practices and beliefs associated with higher castes. It serves as a preliminary
step for them to elevate their social status.
o This cultural mobility occurs within the traditional social system of India.
Lower castes imitate the lifestyles of upper castes, aiming to improve their
position.
o The term was introduced by sociologist Prof. M.N. Srinivas and reflects an
attempt by Indian masses to achieve mobility both within and outside the caste
system1.
2. Westernisation:
o Westernisation, as described by Srinivas, involves certain value preferences
resulting from prolonged interaction with Western countries.
o These values encompass aspects like humanitarianism and other Western
ideals.
o In the context of Hindu law, Westernisation signifies the impact of Western
legal, social, and cultural norms on Indian society.
3. Hindu Law:
o The term “Hindu law” emerged during colonial rule in South Asia. British
colonial officials, in consultation with Mughal rulers, decided that Hindus in
India would be governed by their own “Hindu law,” while Muslims would
follow sharia (Muslim law).
o Historically, Hindu law applied to Hindus, Buddhists, Jains, and Sikhs in British
India. In modern scholarship, it also encompasses legal theory, jurisprudence,
and philosophical reflections found in ancient and medieval Indian texts.

In summary, Westernisation represents the influence of Western values and practices on Indian
society, including its legal framework. It’s essential to recognize these dynamics when studying
Hindu law and its evolution over time.

Q.3. Mention any two acts amounting to Glorification of Sati under The Commission of
Sati (Prevention) Act,1987?
Ans.:- Under the Hindu Adoption and Maintenance Act, 1956, a Hindu wife is entitled to
be maintained by her husband throughout her lifetime, regardless of whether the marriage was
formed before or after the enactment of this act. However, there are specific circumstances
under which a Hindu wife may be disqualified from claiming maintenance:
 1. Unchastity or Adultery: If the wife is found to be unchaste or has committed adultery
or any other illicit sexual relationship with someone else, she may be disqualified from
seeking separate residence and maintenance from her husband1.
2. Conversion to Another Religion: If the wife has ceased to be a Hindu by converting
to another religion, she may also lose her entitlement to maintenance under the Act1.
It’s important to note that these disqualifications are exceptions, and in most cases, a Hindu
wife has a legitimate right to claim maintenance from her husband during and after the marital
relationship1. The law recognizes the husband’s obligation to support his wife financially,
irrespective of the marriage’s duration or circumstances.

Q.4. When does a person become disqualified to act as a Natural Guardian under
Hindu Minority and Guardianship Act, 1956?
Ans.:- Under the Hindu Minority and Guardianship Act, 1956, a person becomes
disqualified to act as a Natural Guardian in the following circumstances:
1. Ceasing to be a Hindu: If the person no longer considers themselves a Hindu, they are
disqualified from acting as a natural guardian12.
2. Conversion to Ascetic Life: If the person has completely and finally abandoned the
world by converting to an ascetic (yati or sanyasi) or a hermit (vanaprastha), they
also lose their eligibility as a natural guardian12.
The court has the authority to terminate the guardianship of any person if it is not in the best
interest of the child, as specified in Section 13 of the Act. The welfare of the child is of
paramount consideration in such cases.

Q.5. When a Hindu wife is disqualified to claim maintenance from her husband under
Hindu Adoption and Maintenance Act, 1956?
Ans.:- Under the Hindu Adoption and Maintenance Act, 1956, a Hindu wife may
be disqualified from claiming maintenance from her husband under certain circumstances:
1. Adultery:
o If the wife is living in adultery, she may be disqualified from receiving
maintenance.
o Adultery refers to engaging in a sexual relationship outside the marriage without
the spouse’s consent.
2. Conversion to Another Religion:
o A Hindu wife ceases to be entitled to maintenance if she converts to another
religion.
o In other words, if she renounces her Hindu faith and adopts a different religious
identity, her right to maintenance is affected.

It’s essential to note that these disqualifications are specific to the Hindu Adoption and
Maintenance Act and may impact the wife’s claim for maintenance

Q. 6. What do you understand by Unobstructed Heritage?

Ans.:- Unobstructed heritage refers to property in which a person acquires an interest by
birth. It is also known as Apratibandha daya. The essential feature of unobstructed heritage,
according to Mitakshara Law, is that the sons, grandsons and great grandsons acquire an inherit
in the property inherited by birth. Their rights attach to it by their birth
Q.7. What is the difference between Patriarchal and Matriarchal Family?
Ans.:- The main difference between matriarchal and patriarchal family is:

• In a patriarchal family, the father is the authority figure in the family, while in a
matriarchal family, the mother is the head of the family.
• In a patriarchal system, the father has more power and dominates the family, while
in a matriarchy society, the mother has more power and overlooks the family.
• In a patriarchal system, power is held by men and cultural norms, customs favor
men, while in a matriarchy, the descent and relationship are recognized through the
female line.

Q. 8. What is Escheat?
Ans.:- The term “escheat” is derived from the French word “eschoir” which signifies ‘to
happen’ because it falls to the lord from an event and an unforeseen circumstance.

Escheat is the right of the government to own unclaimed property and assets. The doctrine of
escheat is invoked when a person dies without any will or heirs. However, it also applies to
cases where property remains unclaimed for a long period.

The concept of escheat maintains that property always has a recognised owner, which would
be the state or government if no other claimants to ownership exists or are readily identified.

Escheat also refers to the ‘property’ the owner of which has died intestate and without leaving
a legal heir.

The doctrine of escheat is a remnant of the English feudal system of land tenure and a
companion of its common law counterpart bona vacantia. However, it is interesting to note
that the doctrine of escheat was not unknown to India. The Ancient lawgiver Manu has written
in Manusawhita(Chapter IX, Verse 189).
Q. 9. State any two disqualifications to Succession of Property, under the Hindu
Succession Act, '1956?
Ans.:- Under the Hindu Succession Act of 1956, there are specific disqualifications that affect
the inheritance of property. Let me outline two of them:
1. Murder Disqualification: If an heir is found guilty of murdering the deceased, they
are disqualified from inheriting the property. This disqualification is based on a breach
of fundamental principles of inheritance.
2. Disqualification of Converted Descendants: While a relative who converts from
Hinduism remains eligible for inheritance, their descendants are disqualified from
receiving an inheritance from their Hindu relatives unless they have converted to
Hinduism before the relative’s death.
These provisions aim to maintain fairness and uphold moral and legal standards in matters of
succession.

Q.10. Mention any two rights of a coparcener.

Ans.:- In the context of Hindu Law and property rights, a coparcener is a person who has a
legal right to their ancestral property by birth. Here are two key rights of a coparcener:
1. Communal Interest and Possession: A coparcener enjoys collective ownership of the
coparcenary property. While each coparcener has an antecedent title to the property,
the essence lies in community interest and unity of possession.
2. Right to Seek Partition: Any coparcener can at any time seek a partition of their
share. The continuing coparceners can choose to buy out the share of the said
coparcener by exercising the right of ‘pre-emption’. Additionally, a coparcener can
also sell/gift away their interest to another coparcener or even a third party.
Remember, these rights are integral to the intricate fabric of Hindu Undivided Family
(HUF) property dynamics.

Q. 11. When two person are said to be related to each other by half blood?
Ans.:- Two individuals are considered to be related to each other by half blood when they
share a common ancestor but have different mothers. For instance, step-brothers born from
different wives of the same father are related to each other by half blood
Q. 12. State two grounds of void marriage under Hindu Marriage Act?
Ans.:- A marriage is considered void under the Hindu Marriage Act if it doesn’t fulfils the
following conditions of Section 5 of the Hindu Marriage Act:

1. Bigamy

If any of the parties have another spouse living at the time of marriage. It shall be
considered as null and void.

Illustration: there are three parties ‘A’,’B’ and ‘C’ where ‘A’ has a living spouse ‘B’, but
he again marries to ‘C’ then this will be called as bigamy and it will be void.

2. Prohibited Degree
If the parties are within a prohibited relationship unless the customs allows it.

Illustration: there are two parties ‘A’ and ‘B’ where, ‘A’ is the husband and ‘B’ is his wife.
They both went on a relationship which is prohibited by law. This marriage can also be
called void marriage.

3. Sapindas
A marriage between the parties who are sapindas or in other words a marriage between the
parties who are of his or her relations or of the same family.
 Illustration: there are two parties ‘A’ and ‘B’ where ‘A’ is the husband and ‘B’ is the wife,
who has blood relation or close relation to A which can also be termed as Sapinda. So, this
process will be treated as void.

Q. 13. Who can give son or Daughter in Adoption under Hindu Adoption and
Maintenance Act?
Ans.:- Under the Hindu Adoption and Maintenance Act, only specific individuals have the
authority to give a child up for adoption. Here are the key points:
1. Biological Father:
o Only the biological father of the child has the legal authority to give the child
up for adoption.
o His consent is necessary for the adoption process.
2. Biological Mother:
o The consent of the child’s biological mother is also required for adoption.
o Her agreement is essential for any adoption to proceed.

In summary, no one else apart from the biological parents or the child’s legal guardian can give
a child for adoption under the Hindu Adoption and Maintenance Act.

Q. 14. State two Bars to Matrimonial reliefs under Hindu Marriage Act?
Ans.:- Under the Hindu Marriage Act, 1955, there are specific bars or restrictions that affect
matrimonial reliefs. Here are two important ones:
1. Accessory Connivance:
o If either spouse has connived (secretly allowed or encouraged) the other’s
wrongful behavior (such as adultery), it can be a bar to seeking matrimonial
relief.
o The court may consider connivance as a factor when deciding on divorce,
judicial separation, or other reliefs.
2. Condonation:
o Condonation refers to the forgiveness of a matrimonial offense by one spouse
after becoming aware of it.
o If a spouse condones the wrongdoing (such as cruelty or desertion) and
continues to live with the other, it may act as a bar to seeking relief.
o However, condonation must be voluntary and genuine; mere cohabitation
without forgiveness may not suffice.

Remember that these bars play a crucial role in determining the availability of matrimonial
reliefs under the Hindu Marriage Act

Q. 15. Who can be reunion After partition?

Ans.:- Reunion in Hindu law refers to the process by which families that have been divided
after partition can be united again. Despite a complete partition, it is possible to have a reunion
under Hindu law, particularly among the Hindu Undivided Family (HUF). Let’s explore the
details:
1. Conditions for Reunion:
 o Partition: A reunion can only take place if there was an initial partition.
o Intention to Reunite: Clear intention to reunite is essential. Parties must
communicate their intent to reunite.
o Original Coparceners: Any person who was a coparcener originally in the
joint family can participate in the reunion.
o Communication: The intention to reunite must be communicated clearly.
o Specific Persons: Reunion can occur only with the father, brother, or
paternal uncle (according to Mitakshara law). However, in the Mithila school,
reunion can be with anyone who was part of the original partition and holds
individual shares.
2. Effect of Reunion:
o Reunion re-establishes the joint Hindu family status.
o It is not necessary to bring back all the property; the option exists for the estate
to be reunited partially.
3. Landmark Cases:
o Various court decisions have clarified the principles of reunion under Hindu law.

In summary, reunion allows parties that were once separated to come together again as a joint
Hindu family, provided they meet the specified conditions

Q. 16. What is the Punishment for demanding dowry?

Ans.:- Section 2 of the Dowry Prohibition Act, of 1961 defines dowry as any valuable security
or property given in connection with a marriage, whether directly or indirectly. Originally, the
Act used the phrase 'consideration for the marriage of such parties' to describe this concept.
However, the Supreme Court ruled that this phrase had a limited interpretation of dowry.

Section 3 of the Dowry Prohibition Act, 1961 provides the punishment for giving and taking
dowry. This punishment is a minimum of five years of imprisonment and a fine of either Rs
15,000 or the value of dowry (whichever is more).

Section 4 penalizes the act of demanding dowry from either party of marriage. It is punishable
with a term of a minimum of six months to a maximum of five years and a fine of up to
Rs15000.

Section 8 provides that the offences under Section 3 and Section 4 shall be non-bailable and
cognizable. Sub-section (a) strengthens it more by putting the burden of proof on the person
denying to have committed the said offense.
Q. 17. What is the punishment for attempt to commit sati?
Ans.:- Section 3 of the Act notwithstanding provisions of the Indian Penal Code, provides for
the punishment for attempt to commit sati. An attempt to commit sati is punishable with
imprisonment up to one year or with fine or both. Before convicting any person, the Special
Court must take into consideration, the circumstances leading to the commission of the offence,
the act which was actually committed, the state of mind of the person charged with the offence
and all other relevant factors.
Q. 18. What is matriarchal family?
Ans.:- A matriarchal family is a form of social organization in which the mother or oldest
female is the head of the family. She exercises authority and manages the property. The
descent and relationship are reckoned through the female line, and daughters inherit the
property of the mother. A matriarchal family is also called a maternal family
Q. 19. When two persons are said to be related to each other by full blood?
Ans.:- In the context of Hindu law, two individuals are considered related to each other by full
blood when they share a common ancestor through the same wife. For instance, this
relationship applies to full siblings (brothers and sisters) who have descended from the same
mother. Additionally, full paternal uncles (who share the same father) are also related by full
blood.
Q.20. Define “Guardian” under Hindu Minority and Guardianship Act
Ans.:- According to Section 4(b), it is also defined that a guardian means a person who has
completed the age of 18 and he is taking proper care of a minor and his property and as well as
his own.
Q. 21. What is the effect of Reunion?
Ans.:- Reunions are important because they:

• Give people the opportunity to reunite our humanity, renew our spirits, and give
comparative meaning to our life’s intended goals and objectives.
• Reinforce our common bonds, regenerate our friendships, and reinvigorate our
spirits in appreciation of life’s different but parallel journeys.
• Allow us to remember and reminisce.
• Offer a chance to learn and reflect on our own life choices.
• Encourage communication among extended family members and provide
educational opportunities for the various generations to learn about the members of
their clan and pass on historical information.

Q. 22. Define “intestate” under Hindu Succession Act?

Ans.:- According to Section 3(g), "intestate" - a person is deemed to die intestate in respect of
property of which he or she has not made a testamentary disposition capable of taking effect;
Q. 23. Who is the Natural Guardian of an Adopted son under Hindu Minority and
Guardianship Act?
Ans.:- Under the Hindu Minority and Guardianship Act (HMGA) 1956, the natural
guardian of a Hindu minor in respect of the minor’s person or property is the father, and
after him, the mother. However, it is important to note that the custody of a minor who has
not completed the age of five years shall ordinarily be with the mother123.
Therefore, in the case of an adopted son, the natural guardianship follows the same
order: father first, and if the father is not available, then the mother assumes the role of the
natural guardian.
Q. 24. What is the punishment for male adult marring a child under prohibition of Child
Marriage Act?
Ans.:- Punishment for male adult: If an adult male who is above 18 years of age contracts child
marriage, he shall be punishable with rigorous imprisonment for 2 years or with fine which
may extend to one lakh rupees or both.
Q.25. What is the punishment for glorification of Sati?
Ans.:- Punishment for glorification of sati.—Whoever does any act for the glorification of sati
shall be punishable with imprisonment for a term which shall not be less than one year but
which may extend to seven years and with fine which shall not be less than five thousand rupees
but which may extend to thirty thousand rupees.
Q. 26. What is the presumption in case of simultaneous death under Hindu Succession
Act?
Ans.:- In cases where the timing of death of two individuals is uncertain, the Hindu
Succession Act provides a presumption. Here’s what it states:

• Presumption in Cases of Simultaneous Deaths:

o When two persons have died in circumstances rendering it uncertain whether
either of them, and if so which, survived the other, then, for all purposes
affecting succession to property, it shall be presumed, until the contrary is
proved, that the younger survived the elder.

This presumption helps determine the order of succession when the exact sequence of deaths
cannot be established with certainty.

Q. 27. State the Qualification of the family court Judge?

Ans.:-
1. Graduation in Specialized Personal Laws: An individual is considered eligible to be
appointed as a Family Court Judge if they fulfill the following conditions:
o Graduation in Specialized Personal Laws (with expertise in specialized
personal laws)
o Graduation in Social Sciences (such as social work, sociology, psychology,
with a focus on family-related issues) along with a law degree
o Minimum of Seven Years of Experience working in government departments,
teaching in colleges/universities, or in a similar educational institution,
especially dealing with issues related to women and children.
o At least Seven Years of Experience in examining and/or handling cases
related to marriage, divorce, maintenance, adoption, guardianship, and
other family-related disputes under central/state laws.
2. Other Qualifications: An individual is considered eligible to be appointed as a Family
Court Judge if they do not have a graduation in specialized personal laws but possess
the following qualifications:
o Graduation in Social Sciences (with a focus on family-related issues)
 o Minimum of Seven Years of Experience in examining and/or handling cases
related to marriage, divorce, maintenance, adoption, guardianship, and
other family-related disputes under central/state laws.

Q. 28. Give two rights of a Karta?

Ans.:- In a Hindu Joint Family, the Karta holds significant rights and responsibilities. Here
are two key rights of a Karta:
1. Power to Represent: The Karta acts as the sole representative of the family in legal,
social, and religious matters. When the family is involved in legal proceedings or has
to defend against a case, it is the Karta who represents them.
2. Power of Management: The Karta’s authority over the family property is absolute.
They make decisions related to the management, administration, and maintenance of
the joint family property. This includes handling income, expenses, and other financial
matters.
Remember that the Karta’s role is crucial in maintaining the family’s well-being and ensuring
the smooth functioning of the joint family system.

Q. 29. Explain the term Polygamy and polyandry?

Ans.:-
1. Polygamy:
o Definition: Polygamy refers to the practice of marrying multiple
spouses simultaneously.
o Types:
▪ Polygyny: In polygyny, a man has multiple wives at the same time.
▪ Polyandry: In polyandry, a woman has multiple
husbands concurrently.
o Gender-Neutral Term: Both polygyny and polyandry fall under the broader
umbrella of polygamy, which encompasses various forms of multiple
marriages.
o Marriage Context: Polygamy specifically pertains to marriage, and it can be
influenced by religious beliefs or cultural norms.
o Legal Status: The legality of polygamy varies across countries. Some places
allow it (often with restrictions), while others consider it illegal or criminalized.
o Commonality: Polygyny is more common in practice than polyandry.
2. Polyandry:
o Definition: Polyandry refers to a marital arrangement where a woman has
multiple husbands simultaneously.
o Examples: Historically, polyandry has been observed in certain cultures, such
as the Tibetan fraternal polyandry, where brothers marry the same woman.
o Less Common: Polyandry is less prevalent compared to polygyny.
o Gender Roles: It challenges traditional gender roles and expectations.
o Modern Context: While rare, some contemporary instances of polyandry exist,
often influenced by specific cultural or familial dynamics.

In summary, both polygamy and polyandry involve multiple spouses, but they differ in terms
of gender roles, legal recognition, and prevalence. Polygamy encompasses various forms of
nonmonogamous relationships, while polyandry specifically focuses on women having
multiple husbands.

Q. 30. What is Partition?

Ans.:- Partition in Hindu law refers to the severance of the joint status of a Hindu Undivided
Family (HUF). Let’s explore the key aspects of partition:
1. Definition:
o Partition signifies the end of the joint family status.
o It involves the division of property among the members of the HUF.
o Upon partition, each coparcener (a person with ancestral rights in the family
property) gains separate ownership rights.
2. Types of Schools of Hindu Law:
o Mitakshara School: This school, prevalent in most parts of India, follows the
Mitakshara commentary by Vijnaneswara. Under this school, partition involves
both the severance of interest and the actual division of property according
to individual shares.
o Dayabhaga School: Observed mainly in Bengal and Assam, this school follows
the Dayabhaga text by Jimutavahana. Here, partition refers only to the division
of property by metes and bounds, without severing the joint status.
3. Subject Matter of Partition:
o Joint Family Property: The property held jointly by the HUF is subject to
partition.
o Individual Properties: The individual properties of coparceners
are not subject to partition.
o Certain items like staircases, cooked food, utensils, and gardens are not
divisible due to their indivisible nature.
4. Adjustments Among Coparceners:
o Coparceners can:
1. Enjoy property jointly or in turns.
2. One coparcener may retain the property, and its value can be divided
among others as compensation.
3. The property may be sold, and proceeds distributed among coparceners.
o Section 2 of the Partition Act, 1893 allows courts to direct the sale of property
if convenient for all coparceners.
5. Liabilities Attached to the Property:
o Before partition, provisions must be made for:
1. Debts: Outstanding debts incurred by the father or karta on behalf of the
joint family.
2. Maintenance: For specific family members (e.g., disqualified
coparceners, widowed daughters, etc.).
3. Marriage Expenses: Especially for unmarried daughters.

Remember that partition plays a crucial role in defining individual rights and responsibilities
within an HUF under Hindu law

Q. 31. What is the effect of conversion in marriage?

Ans.:- Conversion in Hindu law can significantly impact a marriage. Let’s explore its effects:
 1. Automatic Dissolution of Marriage:
o Under Islamic law, if a husband renounces Islam (apostasy), his marriage with
his Muslim wife is dissolved automatically.
o According to Mulla, apostasy leads to an immediate dissolution of the marriage.
2. Ground for Divorce:
o Conversion serves as a ground for divorce and judicial separation at the
instance of the non-convert under all personal law statutes.
o Hindu Marriage Act, 1955: Section 13(1)(ii) allows either spouse to seek
divorce if the other party has ceased to be a Hindu by converting to another
religion.
o After the 1976 Amendment, conversion is also a ground for judicial separation
3. Change in Personality and Conjugal Life:
o Conversion can lead to a radical change in the personality of the convert.
o It often resembles a breakdown of the marriage, affecting the core of the
spouses’ conjugal life.

Remember that conversion does not automatically affect the marriage tie; it is the non-convert
spouse who can seek matrimonial relief based on this ground

Q. 32. What is Uniform Civil Code?

Ans.:- The Uniform Civil Code (UCC) is a proposal in India aimed at formulating and
implementing uniform personal laws that apply to all citizens equally, regardless of their
religion, gender, or sexual orientation. Currently, personal laws for various communities are
governed by their religious scriptures.
Here are the key points about the Uniform Civil Code:
1. Objective:
o The UCC seeks to replace the existing diverse personal laws that vary based on
religious affiliations.
o It aims to establish a common legal framework for matters such as marriage,
divorce, inheritance, adoption, and succession.
2. Applicability:
o The UCC would be applicable to all citizens, irrespective of their religion,
community, race, sex, or caste.
o It promotes equality and uniformity in personal matters.
3. Historical Context:
o Personal laws were initially framed during the British Raj, mainly for Hindu
and Muslim citizens.
o The British refrained from interfering further within this domestic sphere due to
opposition from community leaders.
4. Goa Exception:
o The Indian state of Goa, which was separated from India during colonial rule,
retained a common family law known as the Goa civil code.
o Goa is the only state in India with a uniform civil code to date.
o However, even the Goa civil code has special provisions for different
communities.

In summary, the UCC aims to create a consistent legal framework for personal matters,
emphasizing equality and common principles across all citizens
Q. 33. State the difference between agnate and cognate?
Ans.:- Certainly! In the context of Hindu law, let’s explore the difference
between agnate and cognate:
1. Agnate:
o An agnate is a person related wholly through males, either by blood or by
adoption.
o Agnatic relations can be either male or female.
o Examples of agnates include one’s father’s brother, father’s brother’s son,
or father’s son’s son.
o Agnates share a direct male lineage.
2. Cognate:
o A cognate is a person related not wholly through males.
o Cognates are connected by blood or adoption but not exclusively through male
ancestors.
o Examples of cognates include son’s daughter’s son, daughter’s son,
or mother’s brother’s son.
o Cognates can be in either the ascending or descending line.

In summary, agnates have a direct male lineage, while cognates are related through various
family connections beyond the male line.

BLS Questions with Answers

Q. 1. Explain Adultery?
Ans.:- Adultery refers to voluntary sexual intercourse between a married person and
someone other than their lawful spouse. It involves engaging in sexual relations outside the
bounds of marriage. In many countries, adultery was considered a criminal offense in the past,
and it remains illegal in some places today.
Q.2. What are the degree of prohibited relationship under Hindu Marriage Act?
Ans.:- Under the Hindu Marriage Act, 1955, there are specific degrees of prohibited
relationship that affect marriage. Let’s explore them:
1. Lineal Ascendant:
o Two persons are within the degrees of prohibited relationship if one is a lineal
ascendant of the other.
o For example, a parent and child fall within this category.
2. Spousal Relationship:
o Two persons are within the degrees of prohibited relationship if one was
the husband or wife of a lineal ascendant or descendant of the other.
o This includes relationships with the spouse’s parents or grandparents.

In summary, these degrees of prohibited relationship determine who cannot marry due to close
family ties under the Hindu Marriage Act
Q. 3. Enumerate any two conditions of a Valid Marriage?
Ans.:- Under the Hindu Marriage Act, 1955, here are two conditions for a valid Hindu
marriage:
1. Monogamy:
o Monogamy means that neither the husband nor the wife should have a living
spouse at the time of marriage.
o A valid Hindu marriage cannot occur if either party is already married.
2. Mental Capacity and Consent:
o Both parties involved in the marriage must be of sound mind and capable of
providing valid consent.
o Consent is a fundamental requirement for a legally recognized marriage.

Remember that adhering to these conditions ensures the validity of a Hindu marriage.
Q. 4. What is Apratibandha Daya?
Ans.:- Apratibandha Daya refers to unobstructed heritage in Hindu law. Let’s explore its
meaning and implications:
1. Definition:
o Apratibandha Daya pertains to property inherited from a direct male
ancestor (such as the father, grandfather, or great-grandfather) but not
exceeding three degrees higher than the inheritor.
o The concept of unobstructed heritage emphasizes that this property is
acquired by birth and not obstructed by the existence of the owner.
2. Essential Features:
o Sons, grandsons, and great-grandsons acquire an interest in the property by
their birth.
o Their rights attach to the property immediately upon birth.
o The property is considered ancestral or unobstructed heritage in their hands.
3. Mitakshara Law Perspective:
o According to Mitakshara Law, unobstructed heritage ensures that male
descendants inherit property without any hindrance.
o The existence of the owner does not obstruct their right to the property.
4. Example:
o If A inherits property from his father, grandfather, or great-grandfather, it is
considered unobstructed heritage.
o As regards male issue (sons, grandsons), the property is ancestral.
o However, as regards other relations, A holds it as his absolute property.

In summary, Apratibandha Daya represents the unimpeded inheritance of property from direct
male ancestors within a specified degree

Q. 5. What are the source of Hindu Law?

Ans.:- Hindu law, one of the most ancient legal systems, draws from various sources. Let’s
explore them:
1. Ancient Sources:
o Shruti: These are sacred texts containing divine utterances enshrined in the
Vedas and Upanishads. They provide essential knowledge for spiritual and legal
matters.
 oSmriti: These texts, remembered and interpreted by rishis (sages), include
Dharma Sutras (prose) and Dharmashastras (poetry). They guide social and
legal conduct.
o Customs: Ancient practices observed continuously by society contribute to
Hindu law.
o Commentaries and Digests: These interpret and expand upon Smritis. Notable
commentaries include Mitakshara and Dayabhaga.
2. Modern Sources:
o Equity, Justice, and Good Conscience: Courts apply principles of fairness and
equity to resolve legal disputes.
o Precedent: Decisions from previous cases guide judicial reasoning.
o Legislation: Statutes like the Hindu Marriage Act, 1955, codify legal rules.

In summary, Hindu law draws from ancient scriptures, customs, and modern legal
developments to shape its principles and practices

Q. 6. Who is disqualified from inheriting joint family property?

Ans.:- Under the Hindu Succession Act, 1955, certain individuals are disqualified from
inheriting joint family property. Let’s explore the disqualifications:
1. Murderer:
o A person who has committed murder for the purpose of gaining property is
disqualified from inheriting.
o This disqualification is based on moral grounds and prevents a murderer from
benefiting from the victim’s estate.
2. Converted Descendants:
o If a person is a descendant of a convert, they may be disqualified from
inheriting joint family property.
o The disqualification applies to those who have converted from Hinduism to
another religion.

Remember that these disqualifications aim to maintain fairness and prevent undue advantage
in matters of inheritance

Q. 7. Explain the term Matriarchal family?

Ans.:- A matriarchal family or group is one in which women are more powerful or
important than men. In such societies, women often play central roles in decision-making,
governance, and family matters. Unlike the common patriarchal structure, where men hold
primary power, matriarchal societies emphasize female leadership and authority.