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

The correct answer is Inheritance and partition

Key Points

• Primary Difference – Inheritance and Partition:
  • The core distinction between Dayabhaga and Mitakshara schools lies in their doctrine of inheritance and rights over ancestral property.
• Mitakshara School (followed in most of India):
  • Inheritance is by birth – a son acquires a right in the ancestral property immediately upon birth.
  • Joint family system is central.
  • Coparcenary is formed by father and three male lineal descendants (son, grandson, great-grandson).
  • Dayabhaga School (followed mainly in West Bengal and Assam):
• Inheritance is not by birth, but after the death of the father.
  • A son does not have a right to ancestral property during the father's lifetime.
  • No automatic formation of a coparcenary.
• Implications on Partition:
  • Since in Dayabhaga there is no coparcenary during the father's lifetime, the concept of partition differs significantly from that in Mitakshara.

Additional Information

• Guardianship – Incorrect. Both schools generally follow similar principles in this area.
• Stridhan – Incorrect. Minor differences exist, but not the fundamental point of divergence.
• Marriage – Incorrect. No major doctrinal difference between the two schools in marriage laws.

The correct answer is Polygamy and Polyandry both

Key Points

• Bigamy refers to marrying again while the first spouse is still alive and the marriage is subsisting.
• Section 5 & 17 of the Hindu Marriage Act, 1955:
  • Section 5(i): A marriage is valid only if neither party has a spouse living at the time of marriage.
  • Section 17: Bigamy is punishable under Sections 494 and 495 of the Indian Penal Code, 1860.
• Application to Both Genders:
  • The law applies equally to Hindu men and women.
• Hence, it covers:
  • Polygamy (a man having more than one wife), and
  • Polyandry (a woman having more than one husband).
  • Both are prohibited and punishable under the Act.

Additional Information

• Polygamy only – Incorrect. The Act prohibits multiple marriages for both men and women, not just polygamy.
• Polyandry only – Incorrect. It includes both polyandry and polygamy, not just polyandry.
• None of the above – Incorrect. Bigamy clearly encompasses both forms under Hindu law.

The correct answer is Refutable presumption of law

Key Points

• Section 21 of the Hindu Succession Act, 1956:
  • Deals with cases of simultaneous deaths of two or more persons where it is not possible to determine who died first.
  • It provides that the younger is presumed to have survived the elder, unless proven otherwise.
• Refutable (or Rebuttable) Presumption:
  • The presumption under this section can be displaced if contrary evidence is produced in court.
  • Therefore, it is a refutable (rebuttable) presumption of law.
• Legal Nature:
  • It is a legal presumption because it arises from statutory provision, and refutable because the parties can lead evidence to prove otherwise.

Additional Information

• Presumption of law – Partially correct but incomplete. It doesn't clarify whether it's rebuttable or not.
• Presumption of fact and law – Incorrect. It is only a legal presumption, not based on factual inference.
• Irrefutable presumption of law – Incorrect. The law allows rebuttal with evidence, hence not absolute.

The correct answer is 1 year from the date of marriage.

Key Points

• Section 14 of the Hindu Marriage Act, 1955:
• No court shall entertain any petition for divorce unless one year has passed since the date of marriage.
• Exception to the Rule:
  • The court may allow a petition before the expiry of one year in exceptional hardship to the petitioner or exceptional depravity on the part of the respondent, but only with leave of the court.
• Purpose of the Time Bar:
  • This period is meant to allow the couple time to adjust to married life and avoid hasty decisions.
  • Encourages reconciliation and stabilizes matrimonial relationships.

Additional Information

• 3 years from the date of marriage – Incorrect. No such provision exists under the Act.
• 2 years from the date of marriage – Incorrect. Divorce petitions are barred only for the first 1 year.
• 6 months from the date of marriage – Incorrect. The law clearly specifies a minimum of 1 year before petitioning.

The correct answer is Section 22

Key Points

• Section 22 – Preferential Right to Acquire Property:
  • This section provides that when two or more heirs inherit an undivided interest in any immovable property, and one of them proposes to transfer their interest to an outsider, the other co-heir(s) shall have a preferential right to acquire that share.
  • This is aimed at preserving the integrity of joint family property and avoiding fragmentation or outsider interference.
• Conditions for Applicability:
  • Property must be immovable and undivided.
  • The seller must be a co-heir.
  • The buyer must be outside the family of co-heirs.
  • Co-heir must be willing to purchase at a fair price.
• Legal Objective:
  • Ensures that family unity is maintained and disputes are minimized by giving first right of refusal to family members.

Additional Information

• Section 20 – Incorrect. Deals with the rights of a child in the womb at the time of the deceased’s death.
• Section 24 – Incorrect. (Now repealed) Earlier barred certain widows from inheritance on remarriage.
• Section 26 – Incorrect. Bars descendants of a convert from inheritance, under specific conditions.

The correct option is None of these.

Key Points

• Customs play a significant role in Hindu Law.
• It serves as an important source of legal principles and practices.
• Hindu Law, also known as Dharmashastra, encompasses a wide range of rules and guidelines governing the social, religious, and moral aspects of life for Hindus.
• Customs refer to the established and traditional practices followed by the community over some time.
• Customs are considered an important source of Hindu Law and a necessary feature:
  • Cultural and Social Significance:
    • Customs reflect the cultural and social ethos of a community.
    • They are deeply rooted in the traditions and practices of the society, uniformity shaping the way people live their lives.
    • Hindu customs are intertwined with religious rituals, ceremonies and daily activities, providing a framework for individuals.
  • Continuity and Stability:
    • Customs provide a sense of continuity and stability to the legal system.
    • They are passed down from generation to generation, creating a sense of familiarity and order within the community.
    • The stability offered by customs contributes to the consistency of legal practices and ensures a degree of predictability in legal matters.
  • Flexibility and Adaptability:
    • Hindu customs are not static; they can evolve and adapt to changing social circumstances.
    • This flexibility allows customs to remain relevant and applicable in diverse situations.
    • As society changes, customs may be modified to the public policy and to accommodate new developments.
  • Recognition by Courts:
    • Courts, while adjudicating matters related to Hindu Law, often consider and recognize established customs as a source of law.
    • Customary practices are given legal validity if they are proven to be consistent, reasonable and by the principles of justice and equity.
  • Personal Laws and Family Matters:
    • ​Customs are particularly influential in matters related to personal laws and family issues within the Hindu community.
    • They guide practices such as marriage, inheritance, and succession.
    • In the absence of codified laws on certain matters, courts often rely on established customs to resolve disputes and make decisions.
  • Supplementary Role to Textual Sources:
    • Hindu Law has textual sources like ancient scriptures and legal texts, and customs act as supplementary sources, providing practical applications of these theoretical principles.
    • Customs help in the interpretation and application of legal provisions, offering real-world examples and scenarios.

The correct answer is Option 4

Key Points

• ​After the amendment of 2005 in Hindu Succession Act, the daughter could now have the same rights in the coparcenary property (ancestral property of the Hindu undivided family) as a son.
• This amendment also repealed Section 23 of the Hindu Succession Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares.
• The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005.
• It was essentially meant for removing gender discriminatory provisions regarding property rights in the Hindu Succession Act, 1956.
• In the case of  Vineeta Sharma v. Rakesh Sharma, the Supreme Court held that daughters would have equal coparcenery rights in Hindu Undivided Family (HUF) properties even if they were not alive at the time of the 2005 amendment to the Hindu Succession Act, 1956.

Additional Information

•  What do you mean by a co-parcener?
  • The word coparcener has been used very widely in relation to the Hindu law and the HUF.
  • In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property

The correct answer is Section 13B of the Hindu Marriage Act, 1955.

Key Points

• Section 13B of the Hindu Marriage Act, 1955, specifically deals with divorce by mutual consent.
• This provision was introduced through an amendment in 1976 to simplify the divorce process for couples who mutually agree to end their marriage.
• Under this section, the couple must prove they have been living separately for at least one year and have mutually agreed to dissolve the marriage.
• A six-month "cooling-off" period is provided after filing the petition for reconciliation, which may be waived by the court in certain circumstances.
• If reconciliation fails and the court is satisfied that the marriage has irretrievably broken down, a divorce decree is granted.

Additional Information

• Section 14:
  • Prohibits filing for divorce within one year of marriage, except under exceptional circumstances like cruelty or grave hardships.
  • It aims to discourage impulsive divorces and encourage reconciliation during the initial phase of marriage.
• Section 5:
  • Lays down the conditions for a valid Hindu marriage, such as age, monogamy, and the absence of prohibited degrees of relationship.
  • This section does not pertain to divorce but ensures the legality of the marriage at its inception.
• Section 13:
  • Deals with grounds for divorce such as cruelty, desertion, adultery, mental illness, and other specific reasons.
  • It allows one spouse to file for divorce based on these grounds without the mutual consent of the other spouse.
• Cooling-off Period in Section 13B:
  • The six-month period can be waived by the court if the couple demonstrates that reconciliation is not possible and that prolonging the marriage would cause undue hardship.
  • This flexibility was introduced to expedite the process in cases where mutual consent is evident.
• Irretrievable Breakdown of Marriage:
  • Although not explicitly mentioned in the Hindu Marriage Act, this concept is often used by courts to justify granting divorce when the marriage is beyond repair.
  • It is a key factor under Section 13B for granting a divorce decree.

The correct answer is '21'

Key Points

• Minimum Legal Age for Marriage for Men in India:
  • The minimum legal age for marriage for men in India is 21 years, as stipulated by the Prohibition of Child Marriage Act, 2006.
  • This law was enacted to prevent child marriages, protect the rights of children, and ensure that individuals are physically and mentally mature before entering into marriage.
  • The legal age of 21 for men ensures that they are financially and emotionally prepared to take on the responsibilities of marriage and family life.

Additional Information

• Overview of Other Options:
  • Option 1 (23): There is no provision in Indian law that sets the minimum legal age for marriage for men at 23 years. This option is incorrect.
  • Option 2 (16): Marriage at the age of 16 is considered a child marriage and is illegal in India under the Prohibition of Child Marriage Act, 2006. This option is incorrect.
  • Option 4 (18): While 18 is the minimum legal age for marriage for women in India, it is not applicable to men. This option is incorrect in the context of the question.
  • Option 5 (Blank): A blank option does not provide any information or answer, making it irrelevant and incorrect.
• Importance of Legal Age for Marriage:
  • The legal minimum age for marriage is aimed at preventing early marriages, ensuring better health outcomes, and promoting education and economic stability.
  • Violation of the minimum legal age for marriage can lead to legal consequences, including penalties and annulment of the marriage.
  • Awareness and enforcement of this law are crucial to curbing child marriages and safeguarding the rights of young individuals.

The correct answer is option 3Key Points

• Section 19 of the Hindu Adoption and Maintenance Act, 1956 deals with Maintenance of widowed daughter-in-law.
• (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:
  • Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance:
    • (a) From the estate of her husband or her father or mother, or
    • (b) From her son or daughter, if any, or his or her estate.
• (2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do so from any coparcenary property in his possession out of which the daughter-in- law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

The correct answer is option 3Key Points

•  Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, grants daughters of coparceners in a Joint Hindu family governed by the Mitakshara law the status of coparceners by birth, similar to sons.
• This means that daughters have equal rights with sons to inherit ancestral property and become coparceners in their own right.
• This amendment aims to promote gender equality in matters of succession and inheritance among Hindu families governed by Mitakshara law.

Additional Information

• ​ In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC , the Supreme Court held that daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect.

The correct answer is option 1Key Points

• Section 5 of Hindu Marriage Act 1955 deals with Conditions for a Hindu marriage.
• A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
  • (i) Neither party has a spouse living at the time of the marriage;
  • (ii) At the time of the marriage, neither party:
    • (a) Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    • (b) Though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
    • (c) Has been subject to recurrent attacks of insanity,
  • (iii) The bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage;
  • (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
• Section 11 of Hindu Marriage Act 1955 deals with Void marriages.
• It says Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
• Clauses (i), (iv) and (v) of section 5 are as follows:
  • (i) Neither party has a spouse living at the time of the marriage;
  • (iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
  • (v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

The correct answer is Option 4.

Key PointsThe Hindu Marriage Act, 1955 (HMA) does not apply to members of any Scheduled Tribe, unless the Central Government directs otherwise. The HMA applies to people who are Hindu by religion, including Virashaiva, Lingayat, Brahmo, Prarthana, or Arya Samaj. It also applies to people who are Buddhist, Jaina, or Sikh by religion, and any other person domiciled in the territories to which the act extends who is not Muslim, Christian, Parsi, or Jew by religion. 

Additional Information Section 2 in The Hindu Marriage Act, 1955

• Application of Act. 
  • (1) This Act applies
    • (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj,
    • (b) to any person who is a Buddhist, Jaina or Sikh by religion, and
    • (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
  • Explanation: The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:
    • (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
    • (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and
    • (c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
  • (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
  • (3) The expression Hindu in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section

The correct answer is Option 2.

Key PointsSection 15:Valid adoption not to be cancelled.

• No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth. 

• Effects of Valid Adoption: 

  • An Adopted child is deemed to be the natural born child of his/her adoptive father/mother.
  • All the ties of the adopted child with the original family stand extinguished from the date of adoption.
  • The child cannot marry any person whom he/she could not have married prior to the adoption.
  • The property vested in the child prior to the adoption shall continue to vest, subject to the obligations.
  • The adopted child shall not divest any person in the adoptive family of any estate, which is vested in him/her before the adoption. (i.e., the adoption of a child does not affect the rights and the members of the adoptive family).

Additional InformationSection 16 - Registration of Adoption.

• It provides for the registration of adoption with Registrar of documents.
• If the adoption is registered, the registered instrument duly signed by both the parties serves as a piece of evidence, but not conclusive proof of the evidence.

The correct answer is Option 2.

Key PointsSection 15 in The Hindu Succession Act, 1956: General rules of succession in the case of female Hindus.

• Property inherited from mother or father (Section 15(2)(a))
  •  This section provides notwithstanding anything contained in Sub-section(1). Any property inherited by a female Hindu from her father or mother shall descend, if there is no son or daughter of the deceased present including the children of any predeceased son or daughter not upon the heirs cited in subsection(1) in the order described but on the father’s heirs. Thus, Section 15(2)(a) is an exception to Section 15(1). 
  • Section 15(2) governs only that property which was acquired by the intestate by ‘inheritance’ as an heir and not received from parents through gift or will. It may be taken into consideration that a gifted property is not equal to the inherited property. Any property gifted at the time of marriage is her Stridhan and succession to it is governed by Section 15(1) (Meyappa v. Kannappa AIR 1976 Mad. 184). Similarly. If she has converted the property she inherited from her parents into some other property, succession will not be governed under Section 15 (2) (Emana v. Gudiseva AIR 1976 A.P. 337).
  • Likewise, the inherited property should be available at the time of her death. If the identity of the property is changed or it is substantially altered and improved or if it is substituted then Section 15(2) has no application. Thus, if she inherits property from father then sells it and out of sale proceeds, purchases another property, this property again would be her general property and Section Section 15(1) will apply as held in Veera Raghavamma v. G Subbarao (AIR 1976 A.P. 377)