Hindu Law MCQ Quiz - Objective Question with Answer for Hindu Law - Download Free PDF

The correct answer is vested interest

Key Points 

• At the time of the gift, A’s sons immediately receive an interest in the property. This is called vesting — the interest is created immediately, without waiting for any future event.
• The condition (if a son dies without male issue, then his share will go to surviving sons) is called a condition subsequent (defeasance condition). It does not prevent the interest from arising initially.
• Vested interest means:
  • Interest is given immediately.
  • It is not dependent on any uncertain future event for its creation.
• However, it may still be defeated or divested on happening of a future event — like in this case (death without male issue).​

Additional Information

• Absolute interest Wrong. Because the interest is not absolute; there is a condition for divesting.
• Contingent interest Wrong. Because contingent interest depends on an uncertain event happening before the interest arises. Here, the interest has already vested.
• Conditional interest Technically not a recognized category in Indian law. We talk of vested or contingent interests. "Conditional" may describe the defeasance clause, but not the type of interest created.

The correct answer is Option 4.

Key Points

• Section 16 of the Hindu Marriage Act, 1955:
  • Section 16(1) & 16(2): Children born out of void or voidable marriages are deemed legitimate, even if the marriage is not legally valid.
  • This is done to protect the rights of innocent children.
• Limitation on Inheritance:
  • Section 16(3) clarifies that such children can inherit property only from their parents, not from other relatives or coparcenary (ancestral) property.
• Supreme Court Clarification – Revanasiddappa v. Mallikarjun (2011):
  • Reaffirmed that children born from void/voidable marriages are legitimate, but cannot claim joint family or ancestral property unless specific laws say otherwise.
• Legal Status:
  • Legitimate: For all social, legal, and personal purposes.
  • Inheritance Rights: Restricted to self-acquired property of the parents, not coparcenary or ancestral property.

Additional Information

• Illegitimate – Incorrect. Section 16 declares such children legitimate by law.
• Legitimate – Incomplete. It ignores the limitation on inheritance rights.
• Illegitimate, having no rights in ancestral property – Incorrect. The children are not illegitimate in the eye of law.

The correct answer is may overlap each other

Key Points

• Definition of Sapinda Relationship (Section 3(f) of Hindu Marriage Act, 1955):
  • Sapinda relationship extends up to the 3rd generation (inclusive) through the mother and 5th generation (inclusive) through the father.
• Definition of Prohibited Relationship (Section 3(g) of Hindu Marriage Act, 1955):
  • A man and woman are in a prohibited relationship if one is:
  • Lineal ascendant/descendant of the other,
  • Brother-sister (whole or half-blood),
  • Uncle-niece or aunt-nephew, etc.
• Overlap but not identical:
  • A Sapinda relationship may also fall under prohibited degrees, but not always.
  • Some prohibited relationships go beyond the scope of Sapinda (e.g., sister's daughter).
• Legal implication:
  • A Hindu marriage is void if it takes place between parties within the Sapinda or prohibited relationship, unless customs allow it.
  • Therefore, the two may overlap, but are not identical or dependent.

Additional Information

•  Mutually conclusive –Incorrect. One does not determine or conclude the existence of the other.
• Dependent on each other –Incorrect. Sapinda and prohibited relationships are defined separately in law and do not rely on each other for their definition.
• None of the above –Incorrect. Since they may overlap, option (3) is a better fit than “none of the above”.

The correct answer is None of the above

Key Points

• Under the Hindu Succession Act, 1956, the mother is included as a Class I heir, which means she is entitled to inherit the property of her son upon his death (if he dies intestate). This right extends to all types of sons, including:
• Adopted son – Under Section 12 of the Hindu Adoption and Maintenance Act, 1956, an adopted child is considered as the child of the adoptive parents for all intents and purposes, including succession. Hence, the mother is entitled to inherit from her adopted son.
• Step-son – If the step-son is legally adopted or treated as a member of the family, and the mother has adopted or stood in the position of a mother legally, she can inherit. However, strictly speaking, a step-mother may not be entitled unless recognized legally.
• Illegitimate son – As per judicial interpretations and amendments, a mother can inherit from her illegitimate son, because Section 3(1)(j) of the Act recognizes the mother of an illegitimate child as an heir, though the reverse is not always true.
• Therefore, in all three cases, the mother is legally entitled to inherit.

Additional Information

• Adopted son – Mother can inherit from him as per the Adoption Act.
• Step-son – If she is the legally recognized step-mother, succession rights may apply.
• Illegitimate son – Mother has a right to inherit from her illegitimate son under Section 3(1)(j).

The correct answer is 'Arrange the grounds in chronological order where a Hindu wife is entitled to claim maintenance while living separately from her husband as per the Hindu Adoption and Maintenance Act, 1956': (A), (B), (D), (C), (E).

Key Points

• Hindu Adoption and Maintenance Act, 1956:
  • The Act provides a framework for a Hindu wife to claim maintenance from her husband while living separately on specific legal grounds.
  • Section 18 of the Act outlines the conditions under which a Hindu wife is entitled to live separately from her husband and claim maintenance.
  • The grounds include specific faults or circumstances concerning the husband that justify the wife’s decision to live separately.
• The chronological order of grounds as per the Act:
  • (A) If he is guilty of desertion (abandoning the wife without reasonable cause).
  • (B) If he has any other wife living (bigamy).
  • (D) If he keeps a concubine in the same house or habitually resides with her elsewhere.
  • (C) If he has ceased to be a Hindu (conversion to another religion).
  • (E) If there is any other cause justifying her living separately (broad and inclusive provision to cover other valid reasons).

Additional Information

• Explanation of Incorrect Options:
  • Option 1 (A), (B), (C), (D), (E): This arrangement incorrectly places (C) before (D), which does not align with the priority in the Act.
  • Option 2 (A), (D), (B), (C), (E): This sequence incorrectly prioritizes (D) over (B), which is not consistent with the Act's provisions.
  • Option 3 (A), (C), (B), (D), (E): This arrangement places (C) before (B), which is not in chronological order as per the Act.
• Key Importance of Section 18 in the Act:
  • It ensures that a Hindu wife is protected and has legal recourse if her husband engages in actions that harm her well-being or dignity.
  • The provision reflects the progressive approach of the law to safeguard women’s rights within marriage.

The correct answer is Option 3.

Key PointsSection 28 of the Hindu Marriage Act :- Appeals from decrees and orders

1. All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
2. Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.
3. There shall be no appeal under this section on the subject of costs only.
4. Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

The correct answer is Option 4.

Key Points

• In the case of Jijabai Vithalrao Gajre v. Pathan Khan (AIR 1971 SC 315), the appellant, Jijabai Vithalrao Gajre, obtained a piece of land measuring 27 acres and 37 gunthas from her father under a gift deed. As the owner of the land, she served a notice dated March 31, 1962, on the tenant, informing him of her intention to terminate his tenancy of the land on the ground that she required the land for her personal cultivation. Subsequently, an application was filed under section 36, read with section 39 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, for termination of the tenant's tenancy and for directing him to surrender possession of the entire land.
• The case involved the interpretation of the Hindu Minority and Guardianship Act, 1956, particularly the determination of the natural guardian in the context of the father and mother living separately, and the implications of this situation for the management and legal representation of the minor daughter. It was established that the father and mother had fallen out long ago, leading to the daughter being looked after and protected by her mother, Smt Chandrabhaga bai, who was managing the suit properties on behalf of her minor daughter.
• The Naib Tahsildar held that the landlord's application under Section 36 read with Section 39 was maintainable and that the notice issued by her on March 31, 1962, was valid. The High Court differed from the views expressed by the Revenue Tribunal on the legal validity of the lease granted by the mother of the landlord in favor of the tenant and the maintainability of the application filed by the landlord under Section 39 of the Act. The High Court held that even if the oral leases from 1951 onwards are eliminated, there has been a written lease executed by the tenant on February 12, 1956, in favor of the landlord represented by her mother for the year 1956-57, which was legal and valid. Therefore, it was concluded that the tenancy had been created prior to the first day of April, 1957, impacting the application of Section 39 of the Act.
• In light of these interpretations, the High Court held that the application filed by the landlord could be treated as one filed under Section 36, read with Section 38. Applying Section 38, the landlord was entitled to possession of half of the leased area, leading to the High Court's directions to effect a division of the leased properties into two halves and place the landlord and the tenant in possession of one portion each.
• Ultimately, the appeal was dismissed with costs awarded to the first respondent based on these legal determinations and conclusions.

Correct Option: Option 2, "be the step mother of that adopted child"
HintAccording to the Hindu Adoption and Maintenance Act, 1956, when a bachelor male adopts a child and then marries, his wife does not automatically become the adoptive mother of the child. Instead, she is considered the stepmother of the adopted child. The legal relationship between the child and the woman is that of a stepchild and stepmother, not that of an adoptive child and adoptive mother.
Overview of Incorrect Options:
Option 1: "be the adoptive mother of that adopted child" - This is incorrect because the marriage of the woman to the adoptive father does not change her legal status to that of an adoptive mother. Adoption laws specify who can be considered an adoptive parent, and simply marrying an adoptive father does not meet these criteria.
Option 3: "be the adoptive mother of that child if the child accepts her as mother" - This option is incorrect because the legal status of being an adoptive mother is not contingent upon the child's acceptance. The process of adoption and the legal status it confers are governed by specific laws and procedures, not by the personal feelings or acceptance of the child.
Option 4: "be the adoptive mother of that child at her discretion" - This is incorrect because the decision for a woman to become an adoptive mother involves legal procedures and cannot be determined solely at her discretion. Adoption is a legal process that requires adherence to specific laws and regulations, not just personal choice.
Additional Information

• The Hindu Adoption and Maintenance Act, 1956, sets forth specific criteria and procedures for adoption within the Hindu community. It outlines who can adopt, who can be adopted, and the legal effects of adoption.
• It's important to understand that adoption and the assignment of parental roles within the context of this law are subject to legal definitions and procedures, rather than personal or familial agreements.

The correct answer is 'Pokur V. Pokur'

Key Points

• Pokur V. Pokur:
  • This case established that the widow of a coparcener, including the widow of the Karta (head of the joint family), is entitled to maintenance out of the joint family property.
  • The decision reinforces the rights of widows within the Hindu joint family system, ensuring their financial support and protection.
  • The ruling is significant in the context of Hindu family law, which traditionally prioritizes male heirs but recognizes the maintenance rights of widows.

Additional Information

• Herani V. Malibai:
  • This case did not address the issue of maintenance for the widow of a coparcener from joint family property.
  • It might focus on other aspects of family law, but it is not relevant to the specific question of widow's maintenance rights.
• Sama V. Magan Lal:
  • Similar to Herani V. Malibai, this case does not deal with the maintenance rights of widows within a joint family.
  • The case may involve different aspects of family or property law.
• Lakshmi V. Sundaramma:
  • Although this case might pertain to family law, it does not specifically address the maintenance entitlements of widows from joint family property.
  • It is not relevant to the context of the provided query.

The correct answer is Option 1.

Key Points

 Key PointsPrecedents
Precedents refer to the judgments or decisions made by courts in the past that are used as a reference for deciding similar cases in the future. In the context of Hindu law, precedents are not considered an ancient source. They are more associated with modern legal systems and the application of case law.
Additional InformationSmriti:
- Smritis are considered one of the ancient sources of Hindu law. They are traditional texts that include the Dharma Shastras, which provide guidelines on various aspects of life and law. Famous examples include the Manusmriti, Yajnavalkya Smriti, and Narada Smriti.
Digests:
- Although not as primary as Shruti or Smriti, digests (Nibandhas) and commentaries on these texts have played a crucial role in interpreting and explaining the ancient texts. They are considered secondary sources but are still rooted in ancient teachings and practices.
Shruti:
- Shruti texts are considered the foremost authority in Hindu tradition. They are believed to be of divine origin and include the Vedas, which are the oldest sacred texts of Hinduism. Shruti literature is foundational, providing the core teachings and philosophies of Hindu law and spirituality.
Summary:
Precedents, being a part of modern legal systems and not ancient Hindu law, are correctly identified as not an ancient source of Hindu law. Other options like Smriti and Shruti are foundational texts, and digests serve as important commentaries, all of which contribute to the ancient legal and philosophical framework of Hinduism.

Key Points

The given statements are:
Assertion A: A bigamous marriage is void under Hindu Law.
Reason R: A child born out of a void marriage is a legitimate child of his parents.
To analyze the given statements, we need to understand the legal principles behind both the assertion and the reason:
Assertion A Explanation:
Under Hindu Law, specifically the Hindu Marriage Act, 1955, a bigamous marriage, meaning a marriage entered into while one spouse is still legally married to another person, is indeed considered void. Section 11 of the Hindu Marriage Act explicitly declares such marriages null and void. This is because Hindu law mandates monogamy. Thus, the assertion is true.
Reason R Explanation:
Regarding the legitimacy of children born out of void marriages, the Hindu Marriage Act, 1955, particularly Section 16, states that children born of void or voidable marriages are deemed legitimate. This provision was made to protect the interests and rights of children born from such unions, ensuring they are not penalized for the actions of their parents. Hence, the reason is also true.
Correct Option Analysis:
Given that both the Assertion A and Reason R are true, we need to determine if Reason R is the correct explanation for Assertion A. The assertion deals with the legality of bigamous marriages under Hindu Law, while the reason deals with the legitimacy of children born from such unions. Although both statements are factually correct, the reason (legitimacy of children) does not serve as an explanation for why bigamous marriages are void. They are related in the context of consequences arising from a void marriage but address different aspects of the law. The assertion is about the legality of the marriage itself, while the reason is about the status of children born from such marriages.
Therefore, the correct option is: 2) Both A and R are true but R is NOT the correct explanation of A.
Rationale Behind the Choice:
The reason (R) does not explain why bigamous marriages are considered void under Hindu Law (A); instead, it addresses a separate consequence of such marriages being declared void, which is the legitimacy of children born from them. Hence, while both statements are correct, they address different legal issues, making option 2 the accurate choice.

The correct answer is 'None of the above'

Key Points

• The Hindu Succession Act, 1956:
  • The Hindu Succession Act, 1956 is a landmark legislation in India that governs the inheritance and succession of property among Hindus.
  • It was enacted to amend and codify the law relating to intestate or unwilled succession among Hindus.
  • The Act applies to Hindus, Buddhists, Jains, and Sikhs.
• Doctrine of acquisition of right by birth:
  • This doctrine implies that a person acquires a right to property by virtue of their birth in a Hindu Undivided Family (HUF).
  • The Hindu Succession Act, 1956 does not abolish this doctrine. Instead, it modifies and codifies the inheritance laws without completely abolishing the rights acquired by birth.
• Doctrine of the right of survivorship:
  • This doctrine refers to the right of the surviving members of a joint Hindu family to inherit property upon the death of a member.
  • The Act does not abolish this doctrine either. It has, however, introduced significant changes in the inheritance rights of women, allowing them to be coparceners in the family property.

Additional Information

• Changes in women's property rights:
  • The Hindu Succession (Amendment) Act, 2005, has further strengthened the property rights of women by making them coparceners in the joint family property.
  • This amendment ensures that daughters have the same rights as sons in the inheritance of property.
• Intestate succession:
  • The Act primarily deals with intestate succession, which occurs when a person dies without leaving a will.
  • It lays down a uniform and comprehensive system of inheritance for Hindus.
• Concept of coparcenary:
  • Coparcenary refers to the joint ownership of property by members of a Hindu Undivided Family.
  • The Act retains the concept of coparcenary but has made significant changes to include female members as coparceners.

Correct Option: Void as his second marriage amounts to bigamy

Key Points

Under Indian law, specifically the Hindu Marriage Act, 1955, bigamy is illegal for Hindus. A Hindu male converting to Islam and marrying again without legally dissolving his first marriage is committing bigamy. The law does not recognize the second marriage as valid if the first marriage is still in existence, regardless of the change in religion.
Incorrect Options:
Valid as he married after conversion to Islam which permits bigamy: This option is incorrect because, despite his conversion to Islam, the Indian legal framework does not allow a person to escape obligations and laws applicable to their original religion by simply changing their religion. The act of bigamy is evaluated based on the fact that he was already married under the Hindu law, which continues to hold him accountable.
Valid as his wife died after his marriage to Muslim girl: This option is incorrect because the validity of the second marriage is determined at the time it was conducted, not by subsequent events. At the time of his second marriage, his first wife was still alive, and he had not legally dissolved his first marriage, making the second marriage invalid.
Void as he has not taken the consent of his Hindu wife: While it's true that the consent of the first wife could be a moral or ethical consideration, the legal issue at hand is the act of bigamy itself. The absence of the first wife's consent is not the primary legal reason for the second marriage being void; rather, it is the existence of the first marriage that invalidates the second one.

Hint

Correct Answer: Daughter includes posthumous daughter.
Explanation: Under the Hindu Succession Act, 1956, a posthumous daughter (a daughter born after the death of her father) is considered a Class I heir, just like a daughter born during the lifetime of the father. This ensures that the rights of inheritance are not denied to a daughter simply because she was not born before her father's death.
Incorrect Options:
- Natural born daughters and not adopted daughters: This statement is incorrect because, according to the Hindu Succession Act, both natural and adopted daughters have equal rights to inherit the property of their parents. The Act does not discriminate between natural and adopted daughters in matters of inheritance.
- Stepdaughter is included: This is not accurate in the context of the Hindu Succession Act, 1956. Stepdaughters do not have the same rights to inheritance as natural or adopted daughters under this Act. The Act specifically pertains to the biological or legally adopted children of the deceased.
- Unchastity of daughter is a bar to inheritance: This statement is outdated and incorrect. The Hindu Succession Act does not consider the chastity of a daughter as a criterion for her eligibility to inherit property. The Act ensures equal inheritance rights to daughters, irrespective of their marital status or personal life choices.