1. (a) Define an antecedent debt. Under what circumstances can a joint family property be alienated for discharging an antecedent debt?
(b) ‘A’ a coparcener having incurred debts in connection with a business commenced in his individual capacity sold joint family properties for inadequate consideration and his brother coparcener ‘B’ only joined him in executing the sale. Does the transaction bind the nephews of ‘A’ (who are sons of ‘B’)? Is the transaction of sale void even against the sons of ‘A”?
2. (a) Differentiate between a Hiba, Hiba-bil-iwaz and Hiba bashartul-iwaz.
(b) A Muslim husband gifts his residential house valued more than Rs. 100/- in favour of his wife in lieu of dower debt which was more than Rs. 100/- without a registered instrument. Does the transaction amount to a Hiba or Hiba-bil-ewaz or neither of them according to Muslim law? If it is neither, is it valid?
3. (a) Discuss the authority of a Hindu widow to adopt a son to her husband under the Hindu law and the changes introduced by Hindu Adoption and Maintenance Act of 1956.
(b) A Hindu widow adopted a son to her husband in 1953. The widow was not expressly authorised by her husband to adopt. The consent of nearer agnates was withheld for improper motive while the consent of remoter agnates was obtained. The adoption was challenged on the ground that the motive for adoption was improper. Is the adoption valid?
4. (a) What are the limitations on the implied authority of a partner in a partnership firm?
(b) What is the effect of non-registration of a partnership firm and how does it affect third parties?
5. “The foundation of Doctrine of Election is that no one can approbate and reprobate at the same time.” Discuss and illustrate your answer.
6. Under what circumstances is a transfer by an ostensible owner of immovable property binding on the real owner?
7. (a) What are the liabilities of a surety under the Indian Contract Act? When is the liability of a surety discharged?
(b) Do you agree with the proposition that a surety is a favoured debtor?
8. Explain any three of the following maxims-
(a) Damnum sine injuria.
(b) Injuria sine damnum.
(c) Caveat Emptor.
(d) Aequitas sequitur legem.
9. Write short notes on-
(a) Holding over.
(b) Goodwill of a partnership firm.
(c) Transfers lis pendens.
(d) Doctrine of cypres.
10. Distinguish between any three of the following-
(a) Void and Voidable contracts.
(b) Lease and License
(c) Indemnity and guarantee.
(d) Fraud and misrepresentation.
