FAMILY LAW – II

Q1. Define Karta , his position, powers, privileges and obligations

Ans: Karta of the joint family-his position, powers, privileges and obligations.
The Karta is the head of a joint Hindu family. He is responsible for the management of the family property and
affairs. The Karta's position is unique (sui generis). He has unlimited power but even if he acts on behalf of other
members, he can't be treated as a partner or agent. He controls all the affairs of the family and has wide powers.
He is not bound to save or economise, no obligation to invest funds, or to invest them properly.
The Karta's powers and privileges include:
1. He has the power to alienate joint family property.
2. He has the power to borrow money on behalf of the joint family.
3. He has the power to make contracts on behalf of the joint family.
4. He has the power to represent the joint family in legal matters.
5. He has the power to receive income from the joint family property.
6. He has the right to residence in the joint family home.
7. He has the right to maintenance from the joint family property.
8. The Karta's obligations include:
9. He is responsible for the management of the joint family property.
10. He is responsible for the debts of the joint family.
11. He is responsible for the maintenance of the other members of the joint family.
12. He is responsible for the performance of religious rites and ceremonies on behalf of the joint family.
The Karta's position is a position of great responsibility. He must exercise his powers and privileges wisely and in
the best interests of the joint family. He must also discharge his obligations faithfully.
The Karta's position can be terminated in the following ways:
1. By the death of the Karta.
2. By the partition of the joint family property.
3. By the retirement of the Karta.
4. By the removal of the Karta by a decree of the court.
The Karta's position is a complex and important one. It is important to understand the Karta's
powers, privileges, and obligations in order to avoid any legal disputes

Q2: Define Hindu Joint Family under Mitakshra

Ans: Mitakshara joint family
Mitakshara joint family is a type of Hindu joint family that is governed by the Mitakshara school of Hindu law. The
Mitakshara school is one of two major schools of Hindu law in India, the other being the Dayabhaga school.
In a Mitakshara joint family, all male lineal descendants of a common ancestor, from the eldest to the youngest,
are co-owners of the family property. This property is known as "ancestral property" or "coparcenary property."
The coparceners have a right by birth in the ancestral property. This means that they own a share in the property
even if they do not contribute to its upkeep or maintenance.
The coparceners also have a right of survivorship. This means that if a coparcener dies, his share in the property
passes to the other coparceners.
The Mitakshara system of joint family ownership has been criticized for being patriarchal and for discriminating
against women. This is because women are not coparceners and do not have a right by birth in the ancestral
property.
The Hindu Succession Act, 1956, which is the main law governing Hindu inheritance in India, has made some
changes to the Mitakshara system. For example, the Act gives daughters the same rights as sons in the ancestral
property. However, the Act has not fully abolished the Mitakshara system of joint family ownership.
The following are some of the key characteristics of a Mitakshara joint family:
1. All male lineal descendants of a common ancestor are co-owners of the family property.
2. The coparceners have a right by birth in the ancestral property.
3. The coparceners have a right of survivorship.
The Mitakshara system of joint family ownership has been a major feature of Hindu society for centuries. It has
had a significant impact on the lives of Hindus, both men and women.
Q3: difference between Mitakshra & Dayabhaga
Ans: Schools of thought are the commentaries of the smritis. With time, they have widened the scope of Hindu
law and contributed to the evolution of Hindu law. In codified law, the concept of schools of Hindu law does not
exist. However, it does exist in uncodified law and has impacted the mind of lawmakers in various ways. The rules
and regulations of Hindu law are not the same all over India as people have different opinions on different subject
matters. There are two schools of Hindu law:
1. Mitakshara School
2. Dayabhaga School
Both schools are considered equally important under Hindu and they have given required information on the
present legislated laws.

1. The Mitakshara School

Mitakshara is one of the most important schools of Hindu law. Except for Weast Bengal and Assam, it is applicable
in the whole of India. It is a running commentary of the Smriti written by Yajnvalkya. Though the Mitakshara
school has very jurisdiction, different customary laws are practiced in different parts of the country. It is further
divided into five different sub-schools namely as following:
i. Benaras Hindu law school
ii. Mithila law school
iii. Maharashtra law school
iv. Punjab law school
v. Dravida or madras law school
These law schools enjoy the same fundamental principle but it differs in certain circumstances. They all come
under the ambit of the Mitakshara School of Hindu law
i. Benaras Hindu Law School
This law school under Mitakshara school covers all northern India including Orrisa. Some of its major
commentaries are Viramitrodaya, Nirnyasindhu, and Vivada. The Benaras Hindu law school is considered the most
orthodox school under Hindu law.
ii. Mithila Law School
This law school under Mitakshara covers the territorial part of Tirhoot and north Bihar. Its principles prevail in the
north. Vivadaratnakar, Vivadachintamani, and Smritsara are the major commentaries of Mithila law school. The
Kalpataru by Lakshmidhara is a work that is freely cited by the exponents of the Mithila School.
iii. Maharashtra Law School
The Maharashtra law school exercises its jurisdiction over territorial parts of Gujarat Karana and the parts where
the Marathi language is proficiently spoken. Vyavhara Mayukha and Virmitrodaya are the main authorities of
Maharashtra law school.
iv. Madras Law School
This law school under Mitakshara covers the whole southern part of India. Smriti Chandrika and Vaijayanti are the
main authorities of Madras law school. Madras law school also exercises authority under Maharashtra law school.
v. Punjab Law School
This law school under Mitakshara covers the territorial part of east Punjab. It has its customs and traditions.
Viramitrodaya and its established customs are the main commentaries of this school.

2. The Dayabhaga School

According to Ken, it was incorporated in Dayabhaga school predominately prevailed in Assam and West Bengal,
except in one point in which the written law is at variance with the customs of the society. It owes its origin to
Jimutvahana’s digest leading Smritis by the name of Dayabhaga. The primary focus of this school was to deal with
partition, inheritance, and joint family. It was formulated to eradicate all the absurd and artificial principles of
inheritance.

In Dayabhaga school, there are no sub-schools but there are various commentaries such as:
i. Dayatatya
ii. Dayakram-Sangrah
iii. Virmitrodaya
iv. Dattaka Chandrika
How these Schools Came Into Existence?
In Hindu Jurisprudence, originally there was no school. Schools of Hindu law came into being through
commentaries of smriti regarding different local customs of India. In the case of Rutcheyputty vs Rajendra, it was
held that different schools of law were originated from different customs that were prevalent in India.
In the case of Collector of Madras vs Mootoo Rantalinga, it was held by the Privy Council that the sources of
Hindu law (Smritis) are common to all the different schools but the processes by which these schools are
developed are very different While incorporating different customs, the Smritis did not ignore the local customs
and usages. There were conflicting doctrines, therefore the authority has been received in one and rejected in
other parts of India.
Difference Between “Mitakshara” And “Dayabhaga” School Of Hindu Law
Based on succession
In Mitakshara law school, the concept of inheritance is governed by the rule of consanguinity (blood relationship)
and the Cognates are postponed to agnates. On the other hand, under Dayabhaga law school, the rule of spiritual
efficacy governs the concept of inheritance. Under Dayabhaga school, some cognates like sister’s son are
preferred over several agnates meaning if a Hindu dies leaving his son and his daughter behind, the son will inherit
all the property and the daughter will be excluded from the inheritance. Under the Hindu Succession Act, 1956,
there is one uniform law of succession for everyone.
Based on Joint Family
In Mitakshara school, the right to property arises by his birth, and the son is considered as a co-owner in the
ancestral property. He has a right to the joint family property from the moment he’s born. The father under
Mitakshara school has limited power of separation of ancestral property. Whereas, in Dayabhaga school, the
property right appears after the death of the last owner. The son has no right in his joint family property during his
father’s lifetime. The father under Dayabhaga school has absolute power of separation for the ancestral property.
Based on partition
In Mitakshara school, none of the members of coparceners can claim a definite physical share of the joint family. It
involves holding the property in definite shares. On the other hand. In Dayabhaga school, each of the members of
coparceners has a definite share in the joint family property. So, each coparcener has a separate share in the
Hindu joint family property.
Based on rights of woman
Under Mitakshara school, the wife cannot demand partition, however, she has a right to share in any partition
affected between her husband and her sons. Whereas, under Dayabagha, the right does not exist for women as
the father is the absolute owner. In both schools, the mother is entitled to an equal share to that of the son.

Landmark Judgements
Abdurahim v. Halimabai, 1915
In this case, the court held that when a Hindu family migrates from one place to another, they carry their law with
them and if they are alleged to have become subject to a new local custom, this new custom must be affirmatively
proved to have been adopted.
Balwant Rao vs Raji Rao, 1920
In this case, the Privy Council said that the commentaries interpret the law laid in the Smritis and recite the
customs and usage founds in vogue around them. The commentaries do not enact the law but they interpret and
explain the law.
Gurunath vs Kamlabai, 1954
In this case, the Supreme Court held that in the absence of any rule of Hindu law, the judges have the authority to
decide cases on principles of justice, equity, and good conscience.
Luhar Amritlal vs Doshi Jayantilal, 1960
In this case, the court observed that judicial decisions have become part and parcel of the Hindu law as it is
administered today. They play an important in shaping and evolving Hindu law and have a special significance and
contribution.

Q4: What is Sapinda

Ans: Sapinda relationships are determined by the following factors:
1. Lineage: Sapinda relationships are traced through the male line. This means that only
people who are related to each other through their fathers are considered to be sapindas.
2. Degree of kinship: The degree of kinship is determined by the number of generations that separate two people.
For example, a person's children and grandchildren are their sapindas, but their great-grandchildren are not.
3. Sex: Sapinda relationships are not affected by sex. This means that both men and women are considered to be
sapindas of each other.
The Hindu law prohibits marriage between sapindas. This is because it is believed that such marriages would
pollute the ancestors.
The concept of sapinda relationships is based on the belief in the transmigration of souls. It is believed that the
souls of the deceased ancestors continue to exist and that they can be appeased by the offering of pinda. By
offering pinda to their ancestors, the living can ensure that their ancestors are happy and that they will not cause
them any harm.
The concept of sapinda relationships is a complex one and there are a number of different interpretations of it.
However, it is an important concept in Hindu law and it has a significant impact on the lives of Hindus.

Q5:Define Apritibandha in Dayabhaga

Ans: Apratibandha Daya (unobstructed heritage) property inherit from direct male ancestor but not exceeding
three degree who is higher than him. Under the concept heritage is devolved by survivorship. 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 as in case of Radha v
Ram it was held that the property can be acquired by son and son's son by the interest of birth. The property is
called unobstructed because the accrual of the right to it is not obstructed by the existence of the owner.
Thus, if A inherits property from his father or grandfather or great grand-father it is ancestral property or
unobstructed heritage in the hands of A as regards the male issue because the existence of A an obstruction to his
son acquiring an interest but as regards other relations he hold it as his absolute property. If A has not male issue,
other relation has no interest in the property during the life-time of A.
Q6: Define Hindu Joint Family
Ans:
The Hindu joint family is a traditional family structure that has been prevalent in Hindu society, particularly in
India. It is an extended family arrangement where multiple generations live together under one roof, sharing
common resources, responsibilities, and often a common kitchen. The joint family system has deep roots in Hindu
culture and has been a prominent social structure for centuries.
Key features of a Hindu joint family include:
1. Multigenerational Living: Members of different generations, including grandparents, parents, children,
and sometimes even great-grandparents, live together in a single household.
2. Common Residence: All members of the joint family typically reside in the same house or within the same
compound.
3. Shared Finances: The family often shares its financial resources. There may be a common pool of income
from which expenses are met, and financial decisions are made collectively.
4. Common Kitchen: In many joint families, meals are prepared and consumed together in a common
kitchen. This reinforces the sense of unity and togetherness.
5. Collective Decision-Making: Major decisions, whether they are related to family finances, property, or
other important matters, are often made collectively with the input of various family members.
6. Social and Emotional Support: Joint families provide a built-in support system. The elderly receive care
and assistance, and children have the benefit of guidance from multiple adults.
While the joint family system has been a prominent part of Hindu culture, it has undergone significant changes in
recent times. Urbanization, modernization, and changing societal values have led to a shift towards nuclear
families, where only parents and children live together. However, the joint family system still exists in many parts
of India, and some families continue to adhere to this traditional structure.

Q7: what is meaning of coparcener

Ans: In Hindu law, a "coparcener" refers to a person who is a member of a Hindu Undivided Family (HUF) and has
a legal right to demand a share in the joint family property. The concept of coparcener is particularly relevant in
matters related to the Hindu Succession Act, which governs the inheritance and succession of property among
Hindus.
The Hindu Undivided Family consists of members who are lineal descendants of a common ancestor and includes
sons, daughters, grandsons, granddaughters, and great-grandsons, forming a coparcenary. A coparcenary is a
smaller unit within the joint family, comprising the eldest member (known as the Karta) and the coparceners.
Historically, the concept of coparcenary was male-centric, and only male members were considered coparceners.
However, the Hindu Succession (Amendment) Act of 2005 brought about significant changes by making daughters
coparceners on the same footing as sons. This means that daughters now have equal rights as coparceners in the
ancestral property.
Each coparcener has a birthright to the joint family property, and this right can be asserted during the lifetime of
the coparcenary or through inheritance if a coparcener passes away. The shares of coparceners can be unequal,
and they have the right to seek partition, which involves dividing the joint family property among the coparceners.
It's important to note that the legal status of coparcenary and inheritance rights can vary depending on specific
circumstances, regional laws, and individual family situations.

Q8: Alienation of property by Karta

Ans: In Hindu joint families, the Karta is the eldest male member who typically acts as the head of the family and
manages the family affairs. The Karta has certain powers and responsibilities, including the management and
alienation of family property. "Alienation" in this context refers to the transfer or disposal of family property.
The power of the Karta to alienate or dispose of joint family property is not absolute. The Karta is expected to act
for the benefit of the family and within the bounds of his authority. There are several key points to consider
regarding the alienation of property by the Karta:
1. Legal Authority: The Karta has the legal authority to alienate joint family property for certain purposes,
such as meeting family expenses, discharging family debts, and performing religious or charitable duties.
2. Consent of Coparceners: The consent of other coparceners (other family members who have a right to
the joint family property) is generally required for alienation. If the alienation is not for legal necessity or
family benefit, the Karta may need the consent of all adult coparceners.
3. Legal Necessity: Alienation for legal necessity, such as payment of family debts, is generally considered
valid without the explicit consent of all coparceners. Legal necessity refers to circumstances where the
action is essential for the preservation or benefit of the family.
4. Minor Coparceners: If there are minor coparceners (underage family members), their interests need to be
protected. Alienation that affects their share may require the permission of a court.
5. Stridhan Property: The Karta does not have the power to alienate the Stridhan property (property
belonging to female members) without their consent.
It's important to note that the legal framework governing Hindu joint families and their property rights has
evolved, and the specific rules may vary based on state laws and legal developments.

Q9: Define Natural Guardian , Power & Duties of Natural Guardian

Ans: In the context of family law in India, the term "natural guardian" refers to an individual who, by virtue of their
relationship with a minor child, is recognized as having certain inherent rights and responsibilities for the well-
being and care of the child. The concept of natural guardianship is significant when determining who has the legal
authority to make decisions on behalf of a minor.
Natural Guardian: In general, the father is considered the natural guardian of a Hindu minor. However, in certain
circumstances, the mother can also be recognized as the natural guardian. The Guardians and Wards Act, 1890,
provides legal provisions regarding the appointment of guardians for minors.
Powers of Natural Guardian: The natural guardian has the authority to make decisions on various matters
concerning the minor child. Some of the key powers include:
1. Education: The natural guardian has the power to make decisions regarding the education of the minor,
including the choice of school and the course of study.
2. Religion: The natural guardian has the right to determine the religious upbringing of the minor child.
3. Healthcare: The natural guardian can make decisions about the medical treatment and healthcare of the
minor.
4. Marriage: The natural guardian, particularly the father, traditionally has the right to give the minor child in
marriage. However, the legal age for marriage is governed by other laws, and the minor's consent and
well-being are also considered.
Duties of Natural Guardian: The natural guardian is obligated to fulfill certain duties for the welfare of the minor
child, including:
1. Maintenance: The natural guardian is responsible for the maintenance and support of the minor,
providing for the child's basic needs.
2. Protection: The natural guardian is expected to protect the minor from harm and ensure their overall
well-being.
3. Education: Ensuring the minor's access to education and making decisions regarding their academic
pursuits.
4. Healthcare: Taking care of the minor's health and ensuring appropriate medical care when needed.
It's important to note that legal reforms have aimed to recognize the rights of both parents and promote the best
interests of the child. The powers and duties of natural guardians can be influenced by specific laws, court orders,
and individual circumstances. Legal advice should be sought to understand the nuances of natural guardianship in
a particular jurisdiction.

Q10: what is testamentary & Intestate

Ans: "Testamentary" and "intestate" are terms related to the distribution of a person's assets upon their death,
particularly in the context of inheritance and estate planning.
1. Testamentary:
• Definition: "Testamentary" refers to matters related to a will or testament. A will is a legal
document that outlines a person's wishes regarding the distribution of their property, care of
minor children, and other matters after their death.
• Testamentary Capacity: For a will to be valid, the person creating it must have the mental capacity
to understand the nature and extent of their property and the consequences of making a will. This
is known as testamentary capacity.
• Testator/Testatrix: The person making the will is referred to as the testator if male, and testatrix if
female.
In a testamentary situation, the individual expresses their wishes through a will, specifying how they want their
assets distributed among heirs or beneficiaries. The will may also appoint an executor to carry out these wishes.
2. Intestate:
• Definition: "Intestate" refers to the situation where a person dies without leaving a valid will or
without disposing of their entire estate. When someone dies intestate, the distribution of their
assets is governed by the laws of intestate succession in the relevant jurisdiction.
• Intestate Succession: Each jurisdiction has its own rules for intestate succession, which generally
prioritize close family members such as spouses, children, parents, and siblings. The distribution is
typically done in accordance with a predetermined hierarchy of relatives.
• Administrator: In the absence of a will, a court may appoint an administrator to manage the
estate and oversee the distribution of assets according to the laws of intestate succession.
In an intestate situation, the deceased person's estate is distributed based on legal guidelines, and the outcome
may not necessarily align with the individual's preferences.
It's important for individuals to engage in estate planning to ensure their wishes are clearly documented in a valid
will. Without a will, the laws of intestate succession come into play, and the distribution of assets may not align
with the decedent's intentions.

Q11: what is Escheat in Property inheritance

Ans: Escheat is a legal concept related to property inheritance that comes into play when a person dies without a
valid will (intestate) and without any identifiable heirs to inherit the property. In such cases, the property may
revert to the state through a process known as escheat.
Key points about escheat in property inheritance include:
1. Intestate Situation: Escheat typically occurs when an individual dies without a will, and there are no
known heirs or legal beneficiaries entitled to inherit the property.
2. State Takes Ownership: In the absence of clear heirs or beneficiaries, the state assumes ownership of the
deceased person's property. This means that the property "escheats" to the government.
 3. Legal Mechanism: Escheat is a legal mechanism designed to prevent property from remaining ownerless
and to ensure that it is put to use for the public good. By reverting to the state, the property can be
managed or sold for the benefit of the community.
4. Notification and Search: Before escheat is declared, there is often a process of notification and searching
for potential heirs. Authorities may attempt to locate relatives or individuals with a legitimate claim to the
property. If no valid claimants are identified within a specified period, escheat may be declared

Q12:effect of conversion on Hindu Marriage

Ans: Conversion in the context of Hindu marriage refers to a change in one's religious affiliation or conversion to
another religion. The effect of conversion on Hindu marriage can vary depending on the laws and regulations in
the jurisdiction where the marriage is registered, as well as the personal choices and circumstances of the
individuals involved. Here are some general points to consider:
1. Continuity of Marriage:
• In many cases, conversion to another religion does not automatically dissolve a Hindu marriage.
The marriage continues to be recognized under Hindu law unless one of the spouses seeks a legal
divorce or annulment.
2. Personal Laws and Jurisdiction:
• Hindu marriage laws in India are governed by the Hindu Marriage Act, 1955. If a Hindu spouse
converts to another religion, the provisions of this act may still apply unless the individuals choose
to dissolve their marriage under the personal laws of their newly adopted religion.
3. Interfaith Marriages:
• In cases of interfaith marriages where one spouse converts to another religion, the couple may
need to consider the legal implications based on the marriage laws of both religions. Some
religions may require the conversion of both spouses for the marriage to be recognized within
that religious community.
4. Legal Recognition:
• The legal recognition of a marriage, including issues related to inheritance, custody, and other
matters, may depend on the laws of the country or state where the marriage is registered.

Q13:Define Full Blood, Half Blood & Cognates

Ans: These terms are often used in the context of family relationships and inheritance. They refer to the degree of
blood relationship between individuals. Here are the definitions for each:
1. Full Blood:
• Individuals who share both biological parents are considered full-blood siblings. In other words,
they have the same mother and father. For example, if two individuals share the same mother and
father, they are full-blood siblings.
2. Half Blood:
• Individuals who share one biological parent but not both are considered half-blood relatives. For
example, if two individuals share the same father but have different mothers, they are half-blood
siblings. The term can also be applied to relationships such as half-blood cousins, where
individuals share one set of grandparents but not both.
3. Cognates:
• Cognates, in the context of family relationships, refer to individuals who are related through
descent from a common ancestor but not necessarily through a direct blood relationship. This can
include relationships through marriage or adoption. For example, step-siblings or step-cousins are
considered cognates because they are related through a marriage between one of their parents.

Q14: Short Note on Adoption

Ans: The Hindu Adoption and Maintenance Act, 1956, governs the process of adoption among Hindus in India.
Here's a short note on adoption under this act:
Purpose: The Hindu Adoption and Maintenance Act was enacted to regulate the adoption of children by Hindus. It
aims to provide legal recognition to the adoption process, ensure the welfare of adopted children, and maintain
continuity in the lineage and family traditions.
Eligibility:
 1. Capacity to Adopt: Any Hindu of sound mind and who is not a minor can adopt a child.
2. Marital Status: A Hindu male can adopt a child if he is unmarried or has a living wife who has consented
to the adoption. In the case of a Hindu female, she can adopt a child if she is unmarried, widowed, or
divorced, and if she is not leading a life of immorality.
Conditions for a Valid Adoption:
1. Consent: The consent of the living parents or the guardian of the child is necessary unless they have
renounced the world, abandoned the child, or are declared unfit.
2. Capacity: The adopting parent must have the capacity and the right to adopt.
3. Same Religion: The child to be adopted must be of the same religion as the adoptive parents.
Effects of Adoption:
1. Severance of Ties: Upon adoption, the child ceases to be the child of their biological parents and becomes
the child of the adoptive parents.
2. Inheritance: The adopted child gains the same rights and privileges as a biological child in matters of
inheritance.
3. Custody: The adoptive parents have the same rights and responsibilities for the adopted child as they
would for a biological child.
Guardianship: Adoption under the Hindu Adoption and Maintenance Act also confers the adoptive parents with
guardianship rights over the adopted child.
Legal Formalities: Adoption under this act requires compliance with legal formalities, including the registration of
the adoption deed. The court's approval is often sought to ensure the legality and validity of the adoption.
Q15: Define general rules of successions in Succession Act
Ans: The Hindu Succession Act, 1956, governs the rules of succession among Hindus in India. The act outlines the
principles and procedures for the distribution of property in the event of the death of an individual. Here are the
general rules of succession under the Hindu Succession Act:
1. Applicability:
• The Hindu Succession Act applies to Hindus, including Buddhists, Jains, and Sikhs. It also includes
any person who is not a Muslim, Christian, Parsi, or Jew and is not governed by any other law
related to succession.
2. Class I Heirs:
• The first category of heirs, known as Class I heirs, includes the following individuals:
• Sons and daughters.
• The widow.
• The mother.
• The son and daughter of a pre-deceased son.
• The widow of a pre-deceased son.
• The son and daughter of a pre-deceased daughter.
• The widow of a pre-deceased son of a pre-deceased son.
3. Class II Heirs:
• If there are no Class I heirs, the property is passed on to Class II heirs. Class II heirs include, among
others:
• Father.
• Brothers and sisters.
• Nephews and nieces.
• Grandfather.
• Grandmother.
4. Aggregation of Shares:
• In the case of pre-deceased children or grandchildren, their share is added to the common pool,
and the distribution is made among the surviving heirs.
5. Distribution among Heirs:
• The property is distributed among the heirs according to the rules of succession. For example, if
there are both sons and daughters, they share equally. If there are no sons or daughters, the
widow gets a share, and so on.
6. Exclusion of Certain Relatives:
 • Certain relatives are excluded from inheritance if there are heirs in the higher class. For example,
if there are Class I heirs, Class II heirs are excluded.
7. Rights of the Widow:
• The widow is entitled to a share in the deceased husband's property along with other heirs.
8. Testamentary Succession:
• The Hindu Succession Act recognizes the right of an individual to dispose of their property
through a will. However, certain rules and limitations apply.
It's important to note that amendments to the Hindu Succession Act have been made to address gender
inequalities and ensure equal rights to daughters in ancestral property. Legal advice should be sought to
understand the specific implications of the act in individual cases, as rules may vary based on factors such as the
nature of the property and the existence of a will.

Q16: essentials of Hindu Marriage

Ans: The essentials of a Hindu marriage are outlined in the Hindu Marriage Act, 1955. To be legally recognized as a
Hindu marriage, certain essential conditions must be met. Here are the key essentials:
1. Hindu Parties:
• The parties entering into the marriage must be Hindus. The term "Hindu" in this context includes
Jains, Buddhists, and Sikhs.
2. Monogamy:
• Monogamy is a fundamental principle of Hindu marriage. Both parties must be unmarried at the
time of marriage, and the marriage must be monogamous unless the customs or traditions
applicable to the parties permit polygamy.
3. Solemnization:
• Hindu marriages must be solemnized according to the customs and rituals recognized under
Hindu law. The marriage ceremony typically involves the exchange of vows and the performance
of traditional rites.
4. Eligibility and Consent:
• The bride and groom must have reached the legal age of marriage. The legal age is 18 years for
the bride and 21 years for the groom. Additionally, both parties must give free and valid consent
to the marriage.
5. Mental and Physical Fitness:
• Both parties must be of sound mind and capable of giving consent. They should also be physically
fit for marital relations.
6. Prohibited Relationships:
• Certain relationships are considered prohibited, and marriages between individuals within these
prohibited degrees of relationship are void. For example, marriage between a brother and sister
or between an uncle and niece is prohibited.
7. Prohibited Sapindas:
• The concept of sapinda relationships is taken into consideration to avoid marriages between
individuals closely related by blood. Marriages between sapindas are prohibited, and if such a
marriage takes place, it is void.
8. Registration:
• While registration is not a mandatory requirement for the validity of a Hindu marriage, it is
advisable to register the marriage under the Hindu Marriage Act. Registration provides legal
recognition and serves as evidence of the marriage.
9. Ceremonial Requirements:
• The marriage should be conducted with proper ceremonies like Satpadi,, rituals, and traditions
recognized by Hindu law. The customs and rites may vary among different communities.
10. Prohibition of Child Marriage:
• Child marriages are prohibited under the Hindu Marriage Act. Both parties must have attained the legal
age of marriage.
It's important to note that amendments to the Hindu Marriage Act have been made to address various social
issues and promote gender equality.
Q17: define Satpadi
Ans: Satpadi, also known as Saat Phere or Seven Steps, is a significant ritual in Hindu weddings that symbolizes the
seven sacred vows or promises that the bride and groom make to each other. This ritual is an essential part of
Hindu marriage ceremonies and holds deep spiritual and cultural significance. The term "Satpadi" is derived from
two Sanskrit words: "Sat," meaning seven, and "Padi," meaning steps.
During the Satpadi ceremony, the bride and groom take seven steps together around the sacred fire (Agni), and
with each step, they articulate vows and commitments to each other. The seven steps represent the journey of
life, and by taking these steps, the couple pledges to support each other in various aspects of life, including love,
companionship, prosperity, and understanding.
The typical sequence of the seven vows during the Satpadi ceremony includes promises related to:
1. First Step (Dharma): Commitment to lead a righteous and religious life.
2. Second Step (Artha): Pledge to develop prosperity and wealth through righteous means.
3. Third Step (Kama): Vow to fulfill desires, joys, and responsibilities together.
4. Fourth Step (Moksha): Dedication to spiritual growth and liberation.
5. Fifth Step (Panchamrit): Mixing of five ingredients, symbolizing shared responsibilities and experiences.
6. Sixth Step (Saathol): Pledge to support and stand by each other during times of joy and sorrow.
7. Seventh Step (Saptapadi): Vow to remain friends and life partners for the rest of their lives.
The Satpadi ceremony underscores the sacredness and lifelong commitment of marriage in Hindu tradition. It is a
symbolic representation of the couple's journey together, and the vows exchanged during this ritual are
considered sacred and binding. The couple is traditionally considered married after completing the seventh step,
and the ceremony is often followed by other customs and rituals as part of the overall wedding celebration.

Q18:define Void & voidable Marriage

Ans: In the context of the Hindu Marriage Act, 1955, both "void" and "voidable" marriages refer to situations
where the marriage may be considered invalid or subject to annulment. Here are the definitions:
1. Void Marriage:
• A void marriage is one that is considered legally invalid from the beginning. It is as if the marriage
never took place. Under the Hindu Marriage Act, there are certain conditions that render a
marriage void, and these include:
• Bigamy: A person already having a living spouse at the time of marriage.
• Prohibited degrees of relationship: Marriage between close blood relatives, such as a
brother and sister, is considered void.
• Sapinda relationships: Marriage between individuals who fall within the prohibited
degrees of sapinda relationships is void.
• In a void marriage, the parties are not recognized as husband and wife, and the legal
consequences of a valid marriage do not apply. Any child born out of a void marriage is considered
illegitimate.
2. Voidable Marriage:
• A voidable marriage is initially valid but has certain inherent defects or issues that allow one of
the parties to seek annulment. Unlike a void marriage, a voidable marriage is considered valid
until it is annulled by a court. Grounds for a marriage to be voidable under the Hindu Marriage Act
include:
• Non-consummation of marriage due to the impotence of one party.
• The marriage not being consummated due to the willful refusal of the respondent to fulfill
marital duties.
• The bride was pregnant by another man at the time of the marriage, without the
knowledge of the husband.
• One of the parties was of unsound mind or suffering from a mental disorder at the time of
marriage.
• If any of the above conditions exist, the affected party has the option to approach the court for
annulment. Until the court grants the annulment, the marriage remains legally valid.
It's important to note that legal processes and specific grounds for void or voidable marriages may vary based on
jurisdiction and may be subject to amendments or additional laws.
Q19: Grounds for Divorce
Ans: The Hindu Marriage Act, 1955, provides several grounds under which a Hindu marriage can be dissolved
through divorce. The grounds for divorce under Hindu law include both fault-based and no-fault grounds. Here are
the grounds for divorce under the Hindu Marriage Act:
1. Adultery:
• If either spouse engages in voluntary sexual intercourse with someone other than the spouse, it
can be grounds for divorce.
2. Cruelty:
• Cruelty by either spouse, which may include physical or mental cruelty, can be a ground for
divorce. Persistent behavior that makes it unbearable for the other spouse to live with may
constitute cruelty.
3. Desertion:
• If one spouse has deserted the other for a continuous period of at least two years immediately
preceding the filing of the divorce petition, it can be grounds for divorce.
4. Conversion to Another Religion:
• If either spouse converts to another religion, it can be a ground for divorce. The non-converting
spouse has the option to file for divorce.
5. Mental Disorder:
• If one spouse has been suffering from a mental disorder and has been continuously and incurably
insane or has been suffering from a mental disorder that is of such a kind and to such an extent
that the other spouse cannot be reasonably expected to live with them, it can be grounds for
divorce.
6. Venereal Disease:
• If one spouse has been suffering from a communicable venereal disease in a communicable form,
it can be a ground for divorce.
7. Renunciation of the World:
• If one spouse renounces the world and enters a religious order, it is considered a valid ground for
divorce.
8. Presumption of Death:
• If the spouse has not been heard of as being alive for a period of seven years or more by those
who would naturally have heard of them if they were alive, it can be grounds for divorce.
9. No Resumption of Co-habitation:
• If there is no resumption of co-habitation between the spouses for one year or more after the
passing of a decree for judicial separation, it can be a ground for divorce.
It's important to note that divorce laws can be complex and vary based on individual circumstances.

Q20: define Adultery & Cruelty as ground for divorce

Ans: In the context of divorce under Hindu law, adultery and cruelty are grounds that can be cited to seek legal
dissolution of a marriage. Here are the definitions for both:
1. Adultery:
• Definition: Adultery refers to the voluntary and consensual sexual intercourse by a married person
with someone other than their spouse. In the context of divorce grounds, if one spouse engages
in adultery, the other spouse may use this as a basis for seeking a divorce.
• Legal Implications: Adultery is considered a fault-based ground for divorce. The aggrieved spouse
must provide evidence of the extramarital relationship. It's important to note that laws and the
burden of proof may vary by jurisdiction.
2. Cruelty:
• Definition: Cruelty, as a ground for divorce, refers to the infliction of physical or mental suffering
that makes it intolerable for one spouse to continue living with the other. Cruelty can take various
forms, including physical abuse, mental harassment, or behavior that undermines the mental and
emotional well-being of the spouse.
• Legal Implications: Cruelty is a commonly cited ground for divorce, and it can be both physical
and mental. To establish cruelty as a ground for divorce, the aggrieved party needs to
demonstrate that the behavior was severe and persistent, making it unreasonable for them to
 continue the marital relationship. Mental cruelty may include verbal abuse, emotional neglect, or
any other conduct that causes significant mental distress.
It's important to note that laws related to divorce, including the grounds of adultery and cruelty, may vary by
jurisdiction and may be subject to changes or amendments

Q21: define desertion

Ans: Desertion, in the context of marriage and divorce, refers to the deliberate and willful act of one spouse
abandoning the other without reasonable cause and without their consent, effectively bringing cohabitation to an
end. Desertion is considered a ground for divorce under various family laws.
Key elements of desertion as a ground for divorce typically include:
1. Intent to End Cohabitation:
• Desertion involves the intention to bring cohabitation to an end. It is not merely physical
separation but a clear and deliberate decision to no longer live together as a married couple.
2. Unilateral Action:
• It is a unilateral act by one spouse, indicating a breakdown in the marital relationship. If both
spouses mutually agree to separate or live apart, it may not be considered desertion.
3. Absence of Consent or Justification:
• Desertion implies that the departing spouse leaves without the consent of the other and without
any reasonable justification. The deserted spouse is left without their consent or agreement.
4. Continuous Absence:
• Desertion usually involves a continuous and prolonged absence from the marital home. There
may be a specific time frame stipulated in the relevant legal provisions to establish desertion as a
ground for divorce.
5. Communication Breakdown:
• Desertion is often associated with a breakdown in communication and the marital relationship. It
may be evidenced by the absence of attempts to reconcile or resume cohabitation.
6. Intent to End the Marriage:
• The act of desertion is generally interpreted as an intention to bring the marriage to an end. The
deserted spouse may then have the option to seek legal remedies, including filing for divorce on
the ground of desertion.
It's important to note that laws regarding desertion may vary across jurisdictions, and specific legal requirements
and timeframes may apply. Desertion is often considered a fault-based ground for divorce, and the party alleging
desertion may need to provide evidence to establish the claim.

Q22: Difference between divorce & Judicial separation

Divorce and judicial separation are legal concepts that address the status and rights of spouses in a marriage.
While both involve the legal recognition of the couple living separately, they differ in the finality of the relationship
and the legal consequences. Here are the key differences between divorce and judicial separation:
Divorce:
1. Final Termination of Marriage:
• Divorce is the legal dissolution of a marriage. Once a divorce is granted, the marriage is legally
terminated, and the parties are no longer considered husband and wife.
2. Freedom to Remarry:
• After obtaining a divorce, both spouses are free to remarry other individuals if they choose to do
so.
3. Irretrievable Breakdown:
• In many jurisdictions, divorce is granted on the ground of irretrievable breakdown of the
marriage. This may be evidenced by factors such as adultery, cruelty, desertion, or a period of
separation, depending on the specific laws of the jurisdiction.
4. Division of Property:
 • Divorce proceedings typically involve the division of marital property and assets. Courts may also
address issues such as spousal support, child custody, and child support.
5. Legal Independence:
• Divorce results in the legal independence of the spouses. They are no longer bound by the legal
obligations of marriage.
Judicial Separation:
1. Legal Separation Without Termination:
• Judicial separation is a legal status that allows spouses to live separately without terminating the
marriage. The marriage remains intact, but the court issues a decree of judicial separation.
2. No Freedom to Remarry:
• Unlike divorce, judicial separation does not allow either spouse to remarry. The legal relationship
persists, but the couple lives apart.
3. Grounds for Separation:
• Grounds for judicial separation may include cruelty, desertion, adultery, or other factors. The legal
requirements may vary by jurisdiction.
4. Financial Arrangements:
• Similar to divorce, courts may address financial arrangements, such as spousal support and the
division of property, during judicial separation proceedings.
5. Reconciliation Possibility:
• Judicial separation allows for the possibility of reconciliation. If the spouses decide to reconcile,
they can seek to revoke the decree of judicial separation and resume married life.
It's important to note that the legal processes and consequences of divorce and judicial separation can vary based
on jurisdiction.

Q23: What is meaning of conjugal rights

Ans: Conjugal rights refer to the rights and obligations related to the marital relationship, particularly those
concerning the physical and emotional aspects of married life. These rights are typically recognized in family law
and may vary by jurisdiction, cultural norms, and legal traditions. Conjugal rights commonly include:
1. Right to Cohabitation:
• Married couples have the right to live together and share a common household. This right ensures
the physical presence and cohabitation of the spouses.
2. Right to Sexual Relations:
• The right to engage in consensual sexual relations is considered a conjugal right within a marriage.
It implies the expectation of physical intimacy and mutual consent between spouses.
3. Right to Emotional Support:
• Spouses have a right to emotional support and companionship from each other. This includes
providing comfort, understanding, and encouragement in times of need.
4. Right to Financial Support:
• Conjugal rights encompass financial responsibilities, and one spouse has the right to expect
financial support from the other, especially in matters related to the necessities of life, such as
housing, food, and clothing.
5. Right to Parenting:
• In the context of parenthood, conjugal rights include the right to participate in parenting decisions
and activities. Both spouses have the right and responsibility to be involved in the upbringing and
care of their children.
6. Right to Privacy:
• While married, individuals also have the right to personal privacy. This right ensures that certain
aspects of their personal lives and thoughts are respected within the marriage.
7. Right to Fidelity:
• Conjugal rights involve the expectation of fidelity, meaning that spouses generally have the right
to expect faithfulness and exclusivity in the marital relationship.
It's important to note that conjugal rights are reciprocal, and both spouses are entitled to the same set of rights
within the marriage. In cases where one spouse violates the conjugal rights of the other, legal remedies may be
sought, such as filing for divorce or seeking a legal separation.
 Q24: Define Penalties for :
1) Giving & Taking Dowery , 2] Instigating Sati, 3] Dowery death & Cruelty
Ans: In India, various laws have been enacted to address the issues of dowry, sati, dowry death, and cruelty
against women. Here are the relevant legal provisions and penalties:
1. Giving & Taking Dowry:
• Legal Provision: The Dowry Prohibition Act, 1961
• Penalties:
• Giving Dowry: The person giving dowry is subject to imprisonment for a term that may
extend to five years or with a fine, or both.
• Taking Dowry: The person taking or abetting the taking of dowry is punishable with
imprisonment for a term that may extend to five years or with a fine, or both.
2. Instigating Sati:
• Legal Provision: The Commission of Sati (Prevention) Act, 1987
• Penalties:
• Instigating or Aiding Sati: Anyone who commits, abets, or attempts to commit sati, or
glorifies the act, can be punished with imprisonment for a term not less than one year
and which may extend to seven years along with a fine.
3. Dowry Death & Cruelty:
• Legal Provisions:
• Dowry Death: Section 304-B of the Indian Penal Code (IPC)
• Cruelty for Dowry: Section 498-A of the IPC
• Penalties:
• Dowry Death: Section 304-B prescribes a minimum sentence of imprisonment for a term
of seven years, which may extend to life imprisonment. The accused may also be liable to
a fine.
• Cruelty for Dowry: Section 498-A prescribes punishment with imprisonment that may
extend to three years and a fine. In cases of cruelty causing death or suicide, the penalty
may be more severe.

Q25: what is secularism

Ans: Secularism is a principle that advocates for the separation of religion from the affairs of the state and
government. In a secular system, the government and state institutions operate independently of religious
institutions, and individuals are free to practice their religion without interference from the state. Secularism
promotes the idea that matters of governance, law, and public policy should be determined without being
influenced by religious considerations.
Key features and principles of secularism include:
1. Religious Neutrality:
• A secular state remains neutral concerning religious beliefs and does not endorse or promote any
particular religion. It treats all religions (and non-religious perspectives) equally.
2. Freedom of Religion:
• Individuals in a secular state have the freedom to practice their religion or belief system without
facing discrimination or undue influence from the government. This includes the freedom to
change one's religion or hold no religious beliefs.
3. Equality:
• Secularism promotes the idea of equality among individuals, irrespective of their religious
affiliations. All citizens are equal before the law, and discrimination based on religion is
discouraged.
4. Separation of Church and State:
• The principle of secularism often involves the separation of religious institutions from government
institutions. Religious authorities do not have direct control over political or legal matters, and
government decisions are not based on religious doctrines.
5. Pluralism:
 • A secular state acknowledges and respects the diversity of religious beliefs and practices within its
borders. It seeks to accommodate and protect the rights of individuals with different religious or
non-religious worldviews.
6. Public Education:
• In a secular system, public education is generally secular, avoiding religious indoctrination.
Religious education is often left to private institutions or individual choice.
7. Freedom of Speech:
• Secularism supports freedom of speech, allowing individuals to express their religious beliefs or
critique religious ideas without fear of persecution or censorship.
8. Civic Engagement:
• Secularism encourages citizens to engage in civic and political activities without regard to their
religious beliefs. Political decisions are based on rational and democratic considerations rather
than religious doctrines.
Secularism can take different forms and may vary in its implementation across countries. Some countries adopt a
more strict separation between religion and state, while others may have certain accommodations for religious
practices within a secular framework.

Q26: Short note on UCC

Ans:A Uniform Civil Code (UCC) in the context of the Indian Constitution refers to the idea of a common set of
laws governing personal matters for all citizens, irrespective of their religion. The concept is enshrined in Article 44
of the Directive Principles of State Policy under the Constitution of India. Article 44 states:
"The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India."
Here are key points related to the Uniform Civil Code with reference to the Indian Constitution:
1. Directive Principle of State Policy:
• The provision for a Uniform Civil Code is part of the Directive Principles of State Policy (DPSP),
which guide the government in making laws and policies for the country. While DPSPs are not
directly enforceable in courts, they are considered fundamental in the governance of the country.
2. Objective of Social Justice:
• The inclusion of a UCC in the Constitution reflects the framers' vision for achieving social justice
and equality. The intent was to move towards a common set of laws that would ensure uniformity
and eliminate discriminatory practices based on religion in personal laws.
3. Gender Equality:
• One of the motivations behind advocating for a UCC is to promote gender equality by addressing
disparities in personal laws related to marriage, divorce, and inheritance. Proponents argue that a
common code would provide equal rights and protections to all individuals, irrespective of their
religious background.
4. Cultural and Religious Sensitivities:
• The implementation of a UCC in India has been a contentious issue, with concerns about
preserving cultural and religious diversity. Opponents argue that diverse cultural and religious
practices should be respected, and personal laws should be allowed to continue based on
individual faiths.
5. Debates and Discussions:
• The call for a UCC has been a subject of ongoing debate and discussion in India. While some
political and social groups advocate for its implementation, others emphasize the need for a
careful and inclusive approach, taking into consideration the diverse cultural and religious
landscape of the country.
6. Non-Enforceability in Courts:
• Article 37 of the Constitution clarifies that the principles laid down in the Directive Principles are
not enforceable by any court, but they are fundamental to the governance of the country. As
such, the implementation of a UCC would require legislative action.
As of now, India has not implemented a Uniform Civil Code, and personal laws based on religion continue to
govern various aspects of civil life. Any steps towards the implementation of a UCC would likely involve careful
consideration of cultural, religious, and constitutional dimensions
Q27: two case laws where SC has highlighted UCC
Ans: following are the two cases in which Supreme Court's observations related to the Uniform Civil Code in a
couple of notable cases:
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985):
• While not directly dealing with the implementation of the Uniform Civil Code, this case is
significant for discussions related to the rights of Muslim women in matters of maintenance. The
Supreme Court's decision in this case led to debates about the need for a common civil code that
would provide uniform rights to women across religious communities. The court observed that
there should be a common law applicable to all citizens, and the Shah Bano case sparked
discussions about the necessity of a UCC.
2. Sarla Mudgal v. Union of India (1995):
• In this case, the Supreme Court made observations about the need for a Uniform Civil Code. The
court emphasized that Article 44 of the Directive Principles of State Policy in the Constitution,
which calls for a UCC, is a constitutional mandate that has not been fulfilled. The court, while
recognizing the diversity in the country, stressed the importance of having a common code to
address gender injustice in personal laws.
It's important to note that the Supreme Court's observations on the Uniform Civil Code often come within the
context of specific cases dealing with issues such as personal laws, gender equality, and constitutional principles.
The court has highlighted the need for a UCC as envisioned in the Directive Principles of State Policy, but the
actual formulation and implementation of a UCC would require legislative action by the government.

Q28: Explain Dowery & Penalty

Ans: Dowry refers to the practice of giving or receiving gifts, money, or property at the time of marriage, typically
from the bride's family to the groom's family. The exchange is often associated with cultural and social practices,
but it has been a matter of concern due to instances of exploitation and harassment of brides, leading to legal
interventions. Laws related to dowry and penalties for offenses vary by jurisdiction

Dowry in India:
1. Dowry Prohibition Act, 1961:
• In India, the Dowry Prohibition Act, 1961, was enacted to curb the practice of giving or receiving
dowry. The primary objective of the Act is to prohibit the giving or taking of dowry and to provide
penalties for offenses related to dowry.
2. Definition of Dowry:
• The Dowry Prohibition Act defines dowry as any property or valuable security given or agreed to
be given directly or indirectly:
• By one party to the marriage to the other party or
• By the parents of either party to the marriage or
• By any other person to either party to the marriage
• In connection with the marriage of the said parties but does not include dower or mahr in the
case of persons to whom the Muslim Personal Law (Shariat) applies.
Penalties for Dowry-Related Offenses:
1. Criminal Offenses:
• The Act makes giving or taking of dowry a criminal offense. Both the person giving dowry and the
person receiving dowry are liable for punishment.
2. Penalties:
• If any person gives or takes dowry, they are punishable with imprisonment for a term that may
extend to five years, and they shall also be liable to a fine. The offenses related to dowry are non-
bailable, cognizable, and non-compoundable.
3. Offenses by Parents or Other Relatives:
• The Act also penalizes parents or other relatives who abet or assist in the giving or taking of
dowry. They may be punished with imprisonment for a term not less than five years and with a
fine.
4. Reporting Offenses:
 • The Act encourages the reporting of dowry-related offenses. Any person who has information
about an offense can report it to the nearest magistrate or the police.
It's important to note that the legal framework and penalties related to dowry may be subject to amendments,
and enforcement can vary by jurisdiction. Additionally, the Act emphasizes the importance of creating awareness
and educating the public against the practice of dowry.

Q29: Explain condonation, Accessory, and collusion

Ans:
1. Condonation:
• In a general legal context, condonation refers to the forgiveness or pardon of an offense or
wrongdoing by someone in authority. It implies that the person who has the power to take action
against the wrongdoer has chosen to overlook or forgive the transgression.
• In family law, condonation may also refer to the forgiveness of a spouse's misconduct by the other
spouse, with the implication that the wrongdoing will not be used as a basis for divorce or legal
separation.
2. Accessory:
• An accessory is someone who aids, abets, or assists in the commission of a crime or wrongdoing.
The accessory may not be directly involved in the main criminal act but plays a supportive role in
facilitating or encouraging the offense.
• In the context of family law, the term "accessory" is not commonly used. However, issues related
to aiding or abetting wrongful actions might be considered in cases involving family disputes or
legal matters.
3. Collusion:
• Collusion refers to a secret agreement or cooperation between two or more parties with the
intent to deceive or defraud others. In a legal context, collusion often involves parties working
together to manipulate the judicial process or achieve a fraudulent outcome.
• In family law, collusion may arise in the context of divorce proceedings. For example, spouses
might collude to present a false narrative to the court in order to obtain a divorce on specific
grounds. Collusion is generally frowned upon in legal proceedings as it undermines the integrity of
the judicial system.

Q30: What is de facto Guardian

Ans: A "de facto guardian" refers to an individual who assumes the role and responsibilities of a legal guardian
without having been formally appointed by a court. In legal terms, a guardian is someone who has the legal
authority and responsibility to make decisions on behalf of another person, typically a minor or someone
incapacitated. This legal authority is usually granted through a court order.
In contrast, a de facto guardian is someone who, while not appointed by the court, has taken on the practical
responsibilities and functions of a guardian. This often occurs when someone cares for a child or an incapacitated
individual on a day-to-day basis without having gone through the formal legal process of obtaining guardianship.
The role of a de facto guardian can be recognized and acknowledged in certain situations, but their authority may
not be as comprehensive or legally binding as that of a court-appointed guardian. In many legal systems, the
authority of a de facto guardian is limited to the extent that it aligns with the best interests of the individual they
are caring for.

Q31: What is Obstructed heritage

Ans: Obstructed and Unobstructed Heritage: The Mitakshara School divides property into two classes, viz.:
(i) Unobstructed heritage (apratibandha daya), and
(ii) Obstructed heritage (saprlatibandha daya).
Property in which a person acquires an interest by birth is called unobstructed heritage. It is so called, because the
accrual of the right to such property has no obstruction. Thus, property inherited by a Hindu from his father,
father’s father, or father’s father’s father, is unobstructed heritage, as regards his own children, grandchildren and
great-grandchildren. Their right to such property arises from the mere fact of their birth in the family, and as soon
as they are born, they become coparceners of such property, along with their paternal ancestor. Ancestral
property, therefore, is unobstructed heritage.
Thus, if X inherits property from his father, and a son, Y, is afterwards born to him, Y becomes a coparcener with
his father X from the moment of his birth, and becomes entitled to an equal undivided half share in such property.
The property in the hands of X is unobstructed heritage, because the existence of X is no obstruction to Y
acquiring an interest in the property.
If, however, the right to property accrues, not by birth, but on the death of the last owner (without leaving any
issue), such property is called obstructed heritage. It is so called, because the accrual of the right to such property
is obstructed by the existence of the owner of such property. Thus, property which devolves upon parents,
brothers, nephews, uncles, etc., upon the death of the last owner, is obstructed heritage. These relatives do not
take any vested interest in the property by birth. Their right to such property arises, for the first time, when the
owner of the property dies. Until that time, they have a mere spec succession is (a bare chance of succession) to
such property, which would be realised only if they live longer than the owner of the property.
Thus, if A inherits certain property from his brother, and afterwards has a son, B, the property is obstructed in the
hands of A. This is so because В does not get any interest in the property during /4’s lifetime. It is only after the
death of A, that В will get the property as A’s heir (by succession). It will be seen that, in his case, the existence of
A is an obstruction to the accrual of any rights in the property in favour of B.
The most important distinction between obstructed and unobstructed heritage is that unobstructed heritage
devolves by survivorship, whereas obstructed heritage devolves by succession. However, there are four cases in
which obstructed heritage also passes by survivorship, viz.-
(a) Two or more children, grandchildren or great-grandchildren who are living as members of a joint family,
succeeding as heirs to the separate (or self-acquired) property of their paternal ancestor, take the property as joint
tenants with the right of survivorship.
(b) Two or more grandchildren by a daughter, who are living as members of a joint family, succeeding as heirs to
their maternal grand-father, take the property as joint tenants with the right of survivorship.
(c) Two or more widows succeeding as heirs to their father also take the property as joint tenants with the right of
survivorship.
(d) Two or more daughters, succeeding as heirs to their father, take the property as joint tenants with the rights of
survivorship, except in the areas covered by the former State of Bombay, where they take an absolute interest in
the property.
It may, however, be noted that the distinction between obstructed and unobstructed heritage is recognised only
by the Mitakshara School. According to the Dayabhaga School, all heritages are obstructed, and no person, takes
an interest by birth in the property of another person. The Dayabhaga School does not recognise the principle of
survivorship. It recognises only the right of succession, and this right naturally accrues, for the first time, upon the
death of the owner of the property.

Q32: What is impartible estate

Ans: An impartible estate refers to a type of landed property, typically in the context of inheritance and succession
laws, where the estate cannot be divided among heirs. In other words, the entire estate remains undivided and
passes as a whole to a single heir, usually the eldest son or a designated successor.

Impartible estates were historically prevalent in certain regions and among certain communities, often associated
with noble or aristocratic families. The idea behind impartible estates was to maintain the status, prestige, and
economic viability of the estate by preventing its fragmentation through division among heirs. This practice was
often seen in feudal societies where land ownership and titles were closely intertwined.

The concept of impartible estates has been significant in the context of Hindu law in India. Many princely states
and noble families held impartible estates, and laws governing succession were designed to ensure the continuity
of the estate without division. The Mitakshara and Dayabhaga schools of Hindu law have different approaches to
impartible estates, with the Mitakshara tradition generally allowing for greater flexibility in partition.

It's important to note that the legal status and treatment of impartible estates can vary between jurisdictions and
legal systems. Over time, there have been reforms and changes in inheritance laws, and the concept of impartible
estates may have evolved or been abolished in certain places.