Comprehension
There is a general presumption that every Hindu family is presumed to be joint unless the contrary is proved. It is open even if one coparcener has separated, to the non -separating members to remain joint and to enjoy as members of a joint family. The protection of rights of daughters as coparcener is envisaged in the substituted Section 6 of Hindu Succession Act, 1956 recognises the partition brought about by a decree of a court or effected by a registered instrument. A special definition of partition has been carved out in the Explanation. The intendment of the provisions is not to jeopardise the interest of the daughter and to take care of sham or frivolous transaction set up in defence unjustly to deprive the daughter of her right as coparcener and prevent nullifying the benefit flowing from the provisions as substituted. The intendment of Section 6 of the Act is only to accept the genuine partitions that might have taken place under the prevailing law, and are not set up as a false defence and only oral ipse dixit is to be rejected outrightly. It has to be remembered that the courts cannot defeat the object of the beneficial provisions made by the Amendment Act. The exception is carved out by us as earlier execution of a registered document for partition was not necessary, and the court was rarely approached for the sake of family prestige. The statutory fiction of partition created by the proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparcenary. The fiction was only for the purpose of ascertaining share of deceased coparcener when he was survived by a female heir, of Class I as specified in the Schedule to the 1956 Act or male relative of such female. The provisions of the substituted Section 6 are required to be given full effect.
Question: 1
Which of the following judgments is not related to property rights of daughter as a coparcener under Hindu law?
Which of the following judgments is not related to property rights of daughter as a coparcener under Hindu law?
Updated On: Jul 11, 2024
- Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.
- Danamma v. Amar, (2018) 3 SCC 343
- Prakash v. Phulavati, (2016) 2 SCC 36
- Kalindi Damodar Garde v. Manohar Laxman Kulkarni, (2020) 4 SCC 335
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Kalindi Damodar Garde v. Manohar Laxman Kulkarni, (2020) 4 SCC 335
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Question: 2
Based on the given excerpt from a judgment, which of the following statements is not correct in relation to Section 6 of the Hindu Succession (Amendment) Act, 2005?
Based on the given excerpt from a judgment, which of the following statements is not correct in relation to Section 6 of the Hindu Succession (Amendment) Act, 2005?
Updated On: Jul 11, 2024
- It deals with devolution of interest in coparcenary property.
- A daughter will not be subject to the same liabilities in respect of the said coparcenary property as that of a son.
- A daughter becomes a coparcener in her own right in the same manner as the son
- A daughter shall have the same rights in the coparcenary property as she would have had if she had been a son.
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The Correct Option is B
Solution and Explanation
The correct option is (B) : A daughter will not be subject to the same liabilities in respect of the said coparcenary property as that of a son.
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Question: 3
Which of the following is the doctrine of legal fiction created to ascertain the share of the deceased in a joint property?
Which of the following is the doctrine of legal fiction created to ascertain the share of the deceased in a joint property?
Updated On: Jul 11, 2024
- Doctrine of Notional Partition
- Doctrine of Factum Valet
- Doctrine of General Partition
- Doctrine of Partial Partition
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Doctrine of Notional Partition
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Question: 4
Which of the following is related to the judgment of Kiran Devi v. the Bihar State Sunni Wakf Board, [2021 SCC OnLine SC 280]?
Which of the following is related to the judgment of Kiran Devi v. the Bihar State Sunni Wakf Board, [2021 SCC OnLine SC 280]?
Updated On: Jul 11, 2024
- Mediation in Matrimonial Matters
- Joint Custody
- Presumption of Hindu Joint Family Property
- Guardianship of a minor
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Presumption of Hindu Joint Family Property
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Question: 5
As per the given excerpt from a judgment, which of the following is correct in relation to the living status of a father in ensuring coparcenary property rights to a daughter?
As per the given excerpt from a judgment, which of the following is correct in relation to the living status of a father in ensuring coparcenary property rights to a daughter?
Updated On: Aug 23, 2024
- The coparcenary rights can be claimed by the daughter born earlier with effect from September 9, 2005 with savings as provided in Section 6(1) of the Hindu Succession (Amendment) Act, 2005.
- Since the right in coparcenary to a daughter is by birth, it is necessary that father coparcener should be living as on September 9, 2005
- Living status of father is a pre-condition for coparcenary rights to a daughter.
- Since the right in coparcenary to a daughter is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Since the right in coparcenary to a daughter is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.
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Question: 6
In which of the following judgments was it held that a Hindu joint family is presumed to be joint in food, worship and estate unless the contrary is proved?
In which of the following judgments was it held that a Hindu joint family is presumed to be joint in food, worship and estate unless the contrary is proved?
Updated On: Jul 11, 2024
- Shanti Devi v. Union of India, (2020) 19 SCC 766.
- Rachna v. Union of India, 2021 SCC OnLine SC 140.
- Adiveppa v. Bhimappa, (2017) 9 SCC 586
- Harshit Agarwal v. Union of India, (2021) 2 SCC 710.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : Adiveppa v. Bhimappa, (2017) 9 SCC 586
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