1. (a) What is partition and how does it differ in Dayabhaga and Mitakshara Schools? Name some properties which are incapable of division.
(b) Write a note on notional partition. A joint Mitakshara family consists of M and his two sons, N, O and a son NS and a daughter ND of N. N dies. Divide the property of N.
2. (a) Define the nature of Hindu marriage under Hindu law. What are the characteristics of sacramental marriage among Hindus? How far these have been affected by the Hindu Marriage Act, 1955?
(b) G was granted divorce by the Court against J. G got remarried before the expiry of the period of appeal. J filed an appeal against divorce and it has been granted. Discuss the legality of the second marriage of G. Will it make any difference, if the appeal is dismissed?
3. (a) Define mortgage and distinguish between simple, usufructuary. conditional and English mortgages.(b) Explain the maxim redeem up, foreclose down.
4. (a) Discuss fully the rule in Rylands v. Fletcher and point out its defences. Does this rule suffer to cover cases like the Bhopal Gas Disaster?
(b) Define consideration and state the circumstances in which an agreement made without consideration is valid. Explain with an illustration.
5. (a) Define Will (wasiyyat) and discuss its essential characteristics. What restrictions have been imposed on Muslim bequests?
(b) A, a Muslim dies leaving a son B, a widow C, and a grandson D by a predeceased son. A by his will, bequeathed 1/3 of the estate toD. B and C do not consent to the bequest in favour of D. Is this bequest valid?
6. The Judicature Acts brought about a fusion of administration rather than of principles of law and equity. Explain. What is the position of equity in India?
7. (a) Explain the rights of a beneficiary under the Indian Trusts Act, 1882.
(b) Certain Government securities are given to trustees upon trust to accumulate the interest until A attains the age of 25, and then transfer the gross amount to him. A wants the transfer of the interest. When can A get this transfer from the trustees?
8. (a) Knowledge of risk does not necessarily imply assent. The maxim is ‘Volenti non fit injuria’ it is not ‘Scienti non fit injuria’. Discuss with the help of case law.
(b) A and ten others jointly participate in the commission of a tortagainst X. X wishes to sue A severally for the loss. Can X do so? Can he also sue all the ten persons and A jointly?
9. (a) All contracts are agreements, but all agreements are not contracts.What conditions have been laid down in the Indian Contract Act for9.an agreement to become a contract?
(b) A owes Rs. 2,000 to B but the debt is barred by Limitation Act. A signs a written promise to pay B Rs. 1,000 on account of debt. Is it a valid contract? Refer to relevant provision of the Contract Act
10. Write notes on any three of the following-
(a) He who seeks equity must do equity.
(b) Contract of bailment
(c) Mandatory injuction
(d) Revocation of trust
(e) Prompt and deffered dower
(f) Doctrine of holding out
