Law of Succession

Law of Succession (Indian Succession Act and Hindu Succession Act)
1. Which of the following is true?

(a) The Hindu Succession Act, 1956 came into force on 17 June 1956
(b) The Hindu Succession Act preserves the dual mode of devolution of property, viz.
by survivorship and by succession, under the Mitakshara School
(c) Both (a) and (b)
(d) Neither (a) nor (b)
2. The Act bases its rule of succession on the -
(a) basic Mitakshara principle of propinquity i.e. preference of heirs on the basis of
proximity of relationship
(b) basic Dayabhaga principle of propinquity i.e. preference of heirs on the basis of
proximity of relationship
(c) Mitakshara school of thought
(d) Dayabhaga school of thought
3. The law of succession is classified under the following heads -
(a) Testamentary succession
(b) Intestate succession
(d)Neither (a) nor (b)
4. The term “Intestate” -
(a) Is defined under Sec. 3 (g) of Hindu Succession Act
(b) It means a person who dies without making a will
5. The term “Heir” includes -
(a) a person (male or female) who is entitled to inherit property after the death of the
intestate.
(b) Only a male who is entitled to inherit property after the death of the intestate
(c) Only a female who is entitled to inherit property after the death of the intestate
(d) Relatives of the deceased
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(a) Descendants mean the offsprings of a person, e.g. sons and daughters. The
children of sons and daughters and their children, and so on (up to any degree of
descent), are also descendants.
(b) Ascendants mean the ancestors of a person, e.g. father and mother. The father and
mother of his father and mother are also his ascendants, and so are their parents up to
any degree.
(c) Collaterals are descendants in parallel lines, from a common ancestor or
ancestress.
(d) All of the above
(a) When a person traces his relationship with another wholly through mates, he or she
is an agnate. (b) His sex or the sex of the deceased Hindu is immaterial.
(c) Agnates can be descendants, ascendants or collaterals.
8. Under the Hindu Succession Act, a cognate is -
(a) defined under Sec. 3 (c)
(b) sister’s son and daughters; daughter’s sons and daughters; mother’s mother and
father; father’s mother’s father and mother; mother’s father’s son and daughters (ie.,
maternal uncles and aunts)
(c) a descendant, ascendant or collateral
9. Which of the following is true about the following blood relations?
(a) The term “Full blood” means when the father and mother of two persons are the
same, e.g. ‘real’ brothers and sisters.
(b) The term “Half blood” means when two persons have the same father but different
mothers.
(c) The term “Uterine blood” means when two persons have the same mother but
different fathers.
(a) Under the Hindu Succession Act, the term “Related” means related by legitimate
kinship.
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(b) Illegitimate children are deemed to be related to their mother, and also to one
another.
11. The H.S.A., 1956 deals with the inheritance to –
(a) the separate (divided) properties of a Mitakshara male
(b) to the undivided interest in the JFP of a Mitakshara coparcener
12. Which of the following statement is true?
(a) The Hindu Succession Act does not apply to the property of a Hindu who is
married under the Special Marriage Act, 1954.
(b) The Hindu Succession Act applies to the property of a Hindu who is married under
the Special Marriage Act, 1954.
(c) The Hindu Succession Act does not apply to the property of a Convert who is
married under the Special Marriage Act, 1954.
(d) The Hindu Succession Act may apply to the property of a Hindu who is married
under the Special Marriage Act, 1954.
13. Sections 8-11 of H.S.A. provide a
(a) scheme of succession to the property of a male Hindu dying intestate (without
making a will).
(b) scheme of succession to the property of a female Hindu dying intestate (without
making a will).
14. Sec. 8 provides that the property of a male Hindu shall devolve
(a) firstly, upon the Class 1 heirs
(b) secondly, upon the Class II heirs
(c) thirdly, upon the agnates
15. Which of the following statements are true?
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(a) Under Class I heirs - ‘Son’ means a — natural or ‘aurasa’ son (a son of a voidable
marriage included); adopted son; posthumous son (i.e. child in womb at the time of
death o f intestate, born alive later), sons born after the partition and the divided sons
inherit with other sons.
(b) Step-son is not a son under Class I heirs
(c) Illegitimate son is not entitled to inherit (a son of void marriage and a son of
annulled voidable marriage will inherit the property of father alone and of no other
relation)
16. Which of the following statements are true?
(a) The position of ‘daughter’ is same as that of a son.
(b) The distinction between married, unmarried and widowed daughters is not there
and all daughters inherit equally.
(c) Unchastity and divorce is no bar to inheritance. Illegitimate daughters and sons of
a daughter are included, as illegitimate children are related to their mother i.e.
daughter.
(a) Under the Hindu Succession Act, ‘Mother’- Propositus (deceased Hindu) may be
her legitimate/adopted/illegitimate son.
(b) A stepmother is not included in the expression “Mother”.
(c) Both (a)and (b)
18. Which of the following is true about section 10 of the Hindu Succession Act?
(a) Section 10 lays down the rules of distribution of property among the Class I heirs
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(b) Sons, daughters, mother and widow of intestate shall take one share (if there are
more than one widow, all of them together took one share); among the heirs of
branches of predeceased son and predeceased daughter
(c) The doctrine of representation applies and the heirs would take the same share
their parents would have had if alive and take per capita (i.e. per head).
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(a) The Class II heirs are 9 Categories.
(b) Father, Son’s daughter’s son, son’s daughter’s daughter, brother, sister are
included in the list of heirs
(a) Father is the only nearest heir who hasn’t found a place in Class I heirs as under
the Mitakshara law, mother was considered to have greater propinquity than the
father.
(b) Father is the sole heir in category I of Class II heirs, and in the absence of Class I
heirs, takes entire property.
(a) Under the Act, the rule is when there is any brother or sister by full blood, the
brother or sister by half blood is excluded. When there is no former, the latter inherits.
(b) The brother and sister by uterine blood are excluded. However, if propositus and
his brother and sister are all illegitimate children of their mother, such brothers and
sisters are heirs to him.
(a) As per the Hindu Succession Act, Father’s widow means stepmother (she is the
only step relation that is included among the heirs). Even if she remarries, she will
inherit.
(b) A brother’s widow can’t succeed, if she had remarried on the date when
succession opens.
(c) The rule that ‘if there are more widows than one, they together take one share’
applies to the Class I heirs and not to the Class II heirs.
23. Section 9 provides the order of succession. The heirs in -
(a) Class I shall take simultaneously and to the exclusion of all other heirs
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(b) Those in the first entry in Class II shall be preferred to those in the second entry;
and so on in succession
24. Class I heirs are also called -
(a) preferential heirs
(b) simultaneous heirs
25. Sec. 12 lays down the order of succession among -
(a) Agnates
(b)Cognates
(c) Agnates and cognates
(d) None of the above
26. Which of the following is true about Notional Partition/or deemed partition?
(a) Explanation I to Sec. 6 provides for Notional Partition/or deemed partition.
(b)The notional partition is not a real partition, it neither effects a severance of status
nor does it demarcate interest of other coparceners or those who are entitled to a share
on partition. As the allotment of shares is only a fiction, it is called notional or deemed
partition.
(c) When a notional partition is effected, and there are females entitled to a share, they
too are to be allotted their shares.
(a) According to Sec. 4, all members of undivided Hindu family, holding any
coparcenary property, with the day this Act comes into force shall be deemed as
tenants-in-common, as if partition had taken place among all members and as if each
of them is holding his /her share separately as full owner thereof.
(b) Proviso to Sec. 4 provides that nothing in this section shall affect the right to
maintenance, marriage or funeral expenses out of coparcenary property, or right of
residence (if any) of members others than the persons entitled to held shares
separately
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28. Which of the following section provides that notwithstanding anything contained
in Sec. 6, H.S.A., in a joint Hindu family, the daughter of a coparcener shall by birth
become a coparcener in the same manner as the son?
(a) Sec. 29-A
(b)Section 30
(c)Section 29
(d) Section 28
29. According to section 15, for the purpose of succession, the property of a Hindu
female falls under the following head:
(a) Property inherited by a female from her father or mother
(b) Property inherited by a female from her husband or father-in-law
(c) Property obtained from any other source, by inheritance or otherwise
30. Sec. 16 of the HSA provides for the–
(a) order of succession among the heirs of a female Hindu
(b) manner of distribution among the heirs of a female Hindu
(d) order of succession and manner of distribution among the heirs of a male Hindu
31. Which of the following is true with respect to Section 15 (1)?
(a) The heirs are divided into five categories called ‘entries’
(b) Heirs in the earlier entry excludes that in the latter entries, and those included in
the same entry shall take simultaneously.
(a) Sec. 16 lays down that if any son or daughter of the intestate had predeceased the
intestate, leaving his or her own children alive at the time of the intestate’s death, the
children of such son or daughter shall take between them the share which such son or
daughter would have taken if living at the intestate’s death.
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(b) Under section 15, ‘Husband’ means the last lawfully married husband, not
divorced one.
(c) The husband of a void or of an annulled voidable marriage is not included.
33. Which of the following is true with respect to Women’s property under the Hindu
Succession Act?
(a) Any property gifted at the time of marriage is her stridhan and succession to it is
governed by Sec. 15 (1) (Meyappa v Kannappa AIR 1976 Mad 184)
(b) If the woman has converted the property she inherited from her parent into some
other property succession will not be governed under Sec. 15 (2)
(c)Both (a) and (b)
34. If the woman had inherited property from father or mother, the heirs fall under the
following categories -
(a) Sons, daughters, sons and daughters of predeceased son or daughter
(b) Heirs of the father
(c)Both (a) and (b)
35. The property inherited by a female Hindu from husband or father-in-law shall
devolve upon -
(a) Sons, daughters, sons and daughters of predeceased son or daughter.
(b) Heirs of the husband.
(c) If the female had been married more than once, the properties inherited by her
from her respective husbands and their fathers should go to heirs of respective
husbands.
36. The heirs mentioned in Section 15 (1) of the Hindu Succession Act are –
(a) sons
(b) daughters
(c) sons and daughters of a predeceased son or daughter
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37. Secs. 24-28 of the H.S.A. provides for -
(a) order of succession among the heirs of a male Hindu
(b) certain grounds as to the disqualification of heirs.
(c) order of succession among the heirs of a female Hindu
(d) manner of distribution among the heirs of a female Hindu
38. Which of the following are disqualifications under the Act?
(a) Disease, deformity and unchastity of a widow are no longer disqualifications (Sec.
28).
(b) Mental disability is no disqualification under this Act because it has not been
specified anywhere in this Act.
(c) Remarriage of three widows - son’s widow, son’s son’s widow and brother’s
widow
39. Who amongst the following are disqualified for succession under the Hindu
Succession Act?
(a) if an heir himself murdered or abetted the murder of propositus in furtherance of
succession
(b) if an heir has murdered/ abetted the murder of someone other than the propositus
in furtherance of succession.
(c) Children of a Hindu male/ female who converts
(a) The effect of disqualification is that a disqualified person should be treated as non-
existent, and no tide or right to succeed can be traced through him.
(b) Section 27 provides for the effect of disqualification under the Act.
(c)Both (a) and (b)
41. The General Rules of Succession are as follows -
(a) Heirs related to the propositus by full blood shall be preferred to heirs related by
half blood, if the nature of relationship is same in every other respect. It cannot be
evoked when a particular heir is to be preferred to another.
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(b) If two or more heirs succeed together to the property of an intestate, they shall take
the property per capita (i.e. per head) and not per stripes (unless otherwise provided in
the Act), and as tenants-in-common and not as joint tenants.
(c) A posthumous child is an heir, but the child must be in the womb (Justo
matrimonio i.e. moment of conception) at the time o f the death of intestate and the
child must be born alive
(a) Section 21 provides for Presumption in case of simultaneous death
(b) Where two persons have died in circumstances rendering it uncertain whether
either of them, and if so which, survived the other, then for all purposes affecting
succession to property, it shall be presumed, until contrary is proved, that the younger
survived the older
(c) A father F and a son S die in an air crash. 8 will be presumed to have survived F.
This means that F’s property' will pass to S, and will go to S’s heirs. Younger means
younger in relationship, not necessarily in age
(a) Section 22 provides for Preferential right or right of pre-emption.
(b) When heirs simultaneously succeed to immovable property/ business of a Hindu
male as Class I heirs and if any of heirs wants to dispose of his or her share in the
immovable property/ business, the other heirs will have a preferential right to acquire
that share.
(c) Any transfer in derogation of the right of pre-emption under the Act would be
voidable, at the instance of the co-heirs, who are denied their preferential right.
44. Which of the following is true with respect to partition of dwelling house?
(a) Where a Hindu dying intestate has left surviving him or her both male and female
heirs (Class 1) and his or her property includes a dwelling house wholly occupied by
members o f his or her family, then, notwithstanding anything contained in this Act,
the right of any such female heir to claim partition of house shall not arise until the
male heirs choose to divide their respective shares therein; but the female heir shall be
entitled to a right of residence therein.
(b) Where female heir is a daughter she shall be entitled to residence right only if she
is unmarried or has been deserted by or has separated from her husband, or is a
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widow” (It may be noted that a married daughter who left her husband of her own
accord is not entitled to such right).
(c) The object of Sec. 23 is to prevent fragmentation of house to the prejudice of
males or to prevent compulsion to alienate/ sold house, if it is incapable of division.
45. The lapsing of property' to the Government in default of heirs on the death of the
intestate is provided for by
(a) Section 30 of the Act.
(b) Section 29 of the Act.
(c) Section 28 of the Act.
(d) Section 27 of the Act.
(a) When a male Hindu dies intestate (without making a will) after 17th June, 1956,
and leaves behind property', which is capable of devolution by succession, the
provisions of Hindu Succession Act, 1956 comes into operation. The Act is not
retrospective in operation.
(b) The Act not only codifies the law relating to the intestate succession but also
amends it.
(c) The Act purports to override all existing laws whether in the shape of texts,
enactments, custom or usage
47. The Hindu Succession Act is applicable to -
(a) both Mitakshara and Dayabhaga Schools, as also to persons in certain parts of
South India, who were previously governed by the Marumakkatyam, Aliyasantana and
Nambudi systems of law.
(b) intestate Hindu succession, except to the property of a person to whose marriage
provisions of the Special Marriage Act, 1954 apply
(c) the impartible estates of Rulers of Indian States, succession to which is regulated
by special covenants or agreements or any existing enactments.
(a) An ‘impartible property’ is one which descends to one member only, either by
custom, or under any provision of law or by the terms of its grant.
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(b) If two Hindus marry under the Special Marriage Act, the property of the spouses
devolves as per the Indian Succession Act, 1925. If, however, they prefer to marry
under the Hindu Marriage Act, their property will be governed by the H.S.A., 1956.
49. The Act modifies in certain respects law relating to J FP. Now the undivided
interest of a Mitakshara coparcener in the JFP on his death does not necessarily
devolve by an absolute rule of survivorship, but may go by any of the following
modes:
(a) by testamentary disposition
(b) by survivorship
(c) by rule of intestate succession
50. Which of the following is true regarding section 30 of H.S.A?
(a) A coparcener can dispose of by will (or other testamentary disposition) any
property which is capable of so being disposed by him in accordance with the
provisions o f the Indian Succession Act or any other law applicable to Hindus.
(b) The Explanation to Sec. 30 provides that the interest of a male Hindu in a
Mitakshara coparcenary property or the interest in the property of tarwad, tavazhi.
illom, kutumba or kavaru can be disposed of by will.
51. In which of the following cases, the right of the surviving coparceners to take the
interest of a deceased coparcener by survivorship will be defeated:
(a) Where the deceased coparcener has left male issues, they represent his right to a
share on partition.
(b) Where the deceased coparcener has left behind a female relative specified in Sec.
6, H.S.A.
(c) Where he has disposed of his interest by a will
52. In which of the following cases, the right of the surviving coparceners to take the
interest of a deceased coparcener by survivorship will be defeated:
(a) Where he has sold or mortgaged his interest with the consent of other coparceners,
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(b) Where his interest has been attached in execution of a decree against him during
his lifetime.
(c) Where, on his becoming insolvent, his interest has been vested in the Official
Assignee/ Receiver
53. Which of the following is “Stridhan”?
(a) Property inherited by a woman, whether from a male or a female, is not her
stridhan. Property obtained by a woman by adverse possession has been held to be
stridhan.
(b) Unrealized rents and profits accruing from property bequeathed to a female during
her widowhood is her stridhan.
(c) Property purchased from stridhan is stridhan. The stridhan property is just like the
property of a coparcener.
54. Who can succeed to Stridhan?
(a) Unmarried woman - first to uterine brothers, then mother, father, etc.
(b) Married woman - In respect of sulka (a gratuity or marriage-fee for which a girl is
given in marriage), first to uterine brother, then mother, father, and, heirs of father. In
respect of other stridhan, first to unmarried daughter, then married daughter,
daughter’s daughter, daughter’s son, son, and son’s son.
55. Sec. 14, H.S.A., 1956 introduced fundamental changes in the concept of woman’s
property. It is as follows. Any property possessed by a female Hindu, whether
acquired before or after the commencement of this Act, shall be held by her as a full
owner thereof and not as a limited owner. The term “property” includes
(a) both movable and immovable property
(b) Only movable property
(c) Only immovable property
TILL HERE HSA
56. Which of the following are essentials of an Unprivileged Will?
(a) It must be in writing. Stamp paper not required,
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(b) It must contain a legal declaration of his intention (Animus testandi).
(c) It must be with regard to -his property. Movables and Immovables.
57. The unprivileged Will -
(a) must take effect after the death of the testator
(b) must not take effect after the death of the testator
(c) may take effect after the death of the testator
(d) must take effect before the death of the testator
58. Person with legal incapacity cannot make a will. Who among the following are
those persons?
(a) A minor
(b) The deaf
(c) The dumb
59. In which of the following cases, a will is void under the Act?
(a) If a will is made under fraud
(b) If a will is made under undue influence
(c) If a will is made under coercion
(a) A will may be revoked at any time by the testator
(b) Amendments or changes may be made by writing a codicil
61. Which of the following is true regarding Attestation?
(a) The will shall be attested by two or more witnesses.
(b) Each witness must have seen the testator sign or affix his mark. It is not necessary
that both the witnesses should be present at one and the same time.
(c) The attesting witness need not know the contents of the will.
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62. Which of the following is true regarding Privileged Wills?
(a) The privileged will may be executed by any soldier employed in an expedition or
engaged in actual warfare
(b) It applies to land, Navy and Air Personnel
(c) A Medical Officer attached to the regiment is a 'soldier' for this purpose and hence
can execute a privileged will
(a) If a soldier leaves instructions for the preparation of his will but before it is
prepared he dies such instructions will constitute his will.
(b) By declaring his intention, before two witnesses the soldier may make a will.
(c) The will is void if the testator lives for more than 30 days after making the will.
This is so because he can make an un-privileged will.
64. Which of the following is NOT true about Codicil?
(a) It is also called Unprivileged Will
(b) It means an instrument made in relation to a will and explaining, altering or
adding to its dispositions. It shall be deemed to be part of the will.
(c) It is necessary that the Codicil should be in writing.
65. Which of the following are exceptions to Executor De Son Tort?
(a) If a person intermeddles with the goods of the deceased to preserve them or to
provide for funeral expenses or for other immediate legal necessities
(b) If a person deals with the goods of the testator in the ordinary business
(a) An executor de son tort is answerable to the rightful executor or administrator or
to any legatee or creditor.
(b) He is liable to the extent of the assets which may have come to his hands.
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67. Which of the following is true about 'Donatio Mortis Causa'?
(a) Section 181 provides for 'Donatio Mortis Causa'
(b) This is the gift made in 'contemplation of death'. It provides that a person may
dispose of any movable property by gift when he is in contemplation of death.
(c) The person Is in contemplation of death if he is ill and excepts to die shortly of his
illness. Such a person may deliver possession of any movable property as a gift.
(a) In case of Donatio Mortis Causa, only movables must be given, and not
immovables.
(b) In case of Donatio Mortis Causa, delivery must be made. Then only the gift is
valid.
(c) A gift made in contemplation of suicide is not 'Donation Mortis Causa.'
69. Which section of Indian Succession Act deals with Onerous bequest?
(a) Section 124
(b)Section 125
(c) Section 126
(d) Section 122
70. Which of the following is true regarding domicile under the Indian Succession
Act?
(a) Domicile means 'permanent home.' It is a place where a person has voluntarily
fixed the habitation of himself and of his family with the present intention-of making
it his permanent home.
(b) Domicile is of two kinds: Domicile of origin and domicile of choice.
(c) Domicile of origin is communicated at birth by operation of law. But, domicile of
choice could be acquired by any person (who is not a minor), by changing his place to
a new place with the animus (intention) to acquire the domicile of that place. Long
residence alone will not suffice. He must have the intention to acquire new domicile.
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(a) Validity of marriage, divorce, legitimacy, testate (under a will) and intestate
(without a will) succession are determined according to domicile.
(b) In India, succession to immovable property of a deceased person is governed by
the law of India: (Lex situs).
(c) Succession to movable property is governed by the person's domicile at the time of
his death
72. The rules relating to domicile contained in the Indian Succession Act are not
applicable to
(a) Hindus
(b) Muslims
(c) Buddhists
(a) A gift under a will is a legacy.
(b) A legacy may be generator specific. (c) Both (a) and (b)
74. If testator bequeaths to any person a specified part of his property as distinguished
from all other properties, the legacy is -
(a) Specific Legacy under section 141
(b) Specific Legacy under section 142
(c) General Legacy under section 142
(d) Specified Legacy under section 143
75. Which off the following is specific legacy?
(a) A bequeaths to B Rs. 10,000 of his property.
(b) A bequeaths to B 5% Government securities. A has various Govt. securities for
Rs. 5,000.
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(a) If the will contains a bequest of the residue of the testator's property along with
some mentioned items, the articles so mentioned are not specifically bequeathed.
(b) Specific legacy can be made to two or more persons in succession though the
value of the property may be decreasing
77. Where a testator bequeaths a certain sum of money or a certain quantity in any
other commodity and refers to a .particular fund or stock so as to constitute the same,
the primary fund or stock, of which payment is to be made, the legacy is
(a) Specific
(b) Demonstrative
(c) Specified
(d) Residuary
78. Which of the following are demonstrative legacies?
(a) A bequeaths to C Rs. 25,000 out of estate at Ramanagaram.
(b) A bequeaths to B 'Rs. 10,000 from my 5% bonds; 1000 chests of tea from my tea
estate
79. A Residuary Legatee may be constituted -
(a) with any words that show an intention of the testator that the person so named
takes the surplus or residue of his property.
(b) with a particular mode as prescribed by law
80. Which of the following is true regarding the executor or administrator, as the
case may be, of a deceased person?
(a) The executor or administrator, as the case may be, of a deceased person is his
legal representative for all purposes
(b) All the property of the deceased person vests in e executor or administrator
(c) When the deceased was a Hindu, Muhammadan, Budhist, Sikh, [Jaina or Parsi] or
an exempted person, nothing herein contained shall vest in an executor or
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administrator any property of the deceased person which would otherwise have passed
by survivorship to some other person
81. What is the effect of letters of administration?
(a) Letters of administration entitle the administrator to all rights belonging to the
intestate as effectually as if the administration had been granted at the moment after
his death.
(b) Letters of administration do not render valid any intermediate acts of the
administrator tending to the diminution or damage of the intestate's estate.
82. Probate shall be granted -
(a) only to an executor appointed by the will.
(b) only to an administrator appointed by the will.
83. Who are the persons to whom probate cannot be granted under the Act?
(a) a minor
(b) unsound mind
(c) any association of individuals
84. What is the effect of probate?
(a) Probate of a will when granted establishes the will from the death of the testator
(b) Probate renders valid all intermediate acts of the executor
(a) The procedure to the issue of probate is applicable for the issue of "Letters of
administration" to an Administrator.
(b) A petition should be filed to the District court.
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86. No letters of administration are to be issued within _______days of the death of
the testator.
(a) fourteen
(b) seven
(c) twenty one
(d) ten
87. Which of the following are general powers of the executor or administrator?
(a) He is entitled to incur expenditure for the care of the property and for its proper
management.
(b) He may also incur expenditure for religious, charitable and other objects as may
be reasonable and proper. But, he must take the sanction of the court.
88. Which of the following are the duties of an executor or administrator?
(a) Executor is bound to carry .out the directions given under the will.
(b) He can vary the directions as per Cypres Doctrine (i.e., for similar use or to
approximate.to testator's intentions). The Administrator should act as per the
directions of the court.
(c) It is the duty of the executor to provide funds for the performance of the various
funeral ceremonies, befitting the status and dignity of the person and subject to the
property left by testator.
(a) Executor or administrator shall within six months from the date of the probate or
letters of administration produce to the court an Inventory containing a full and true
account of all the property and also all the credits and the debts of the testator. Further
within one year he must produce an account of the latest position thereof.
(b) The High Court has prescribed the method of doing the inventory. If he does not
make the Inventory he is guilty and punishable under I.P.C. Sn. 176. He should not
prepare a false inventory. If made he becomes punishable under I.P.C.
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90. Which of the following is true with respect to the liabilities of the executor or
administrator?
(a) In regard to liabilities the law of Devastavit applies.
(b) Executor or administrator is liable to make good the loss or damage caused to the
assets due to his misapplication. Similarly, he is liable for his negligent act towards
the assets.
(a) Citation means "a reference to prior title."
(b) Letters of administration should be granted to the residuary legatee in the absence
of executor or persons related by marriage or blood to the testator.
(c) If a prior title is cited and proved, the letters of administration cannot be issued to
the Residuary legatee.
(a) District Judge is empowered under the I. S. Act to grant a certificate called
Succession Certificate. (b) There should be no Fraud 'Suggestio Faisi', 'Supsressio
Veri' in the petition for grant of Succession Certificate
(c) No period of limitation is prescribed to make the application.
93. The Application for grant of succession certificate is decided like a-
(a) summary trial
(b) an ordinary trial
(c) warrant trial
94. A certificate may be revoked by a decree or order of the court on the ground:
(a) That the procedure was defective
(b) It was obtained fraudulently
(c) It was obtained by making untrue allegations
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(a) A certificate shall not be issued if there is already a probate or letters of
administration duly issued.
(b) If the certificate becomes invalid or is superseded, the holder shall surrender it to
the District Court. If not, he is punishable with fine(Rs. 1,000) or imprisonment for
three months or both.
96. Which sections provide for contingent bequest under the Indian Succession Act?
(a) Section 124
(b) Section 126
(c) Section 123
(d) Section 128
97. According to section 152, a legacy becomes adeemed when it does not take effect.
That means it fails. Which of the following specific circumstances are provided for
ademption?
(a) If a specific legacy bequeathed does not exist at the time of the death of the
testator
(b) If a specific legacy bequeathed it has been converted into a property of a different
kind
98. A bequest becomes "void" in some circumstances. They are -
(a) When a testator makes a bequest to a person, with particular description, but there
is no person of that description (b) If a testator makes a bequest to a person, who is
not in existence at the time of the testator's death
(c) Bequest in perpetuity
(a) Section 24 of the Indian Succession Act, defines "Consanguinity,"
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(b) Consanguinity is "Kindred or Consanguinity is the connection or relation of
persons descended from the same stock or common ancestor.
(c) The definition is made for a limited purpose under the Act. It does not apply to
any Hindu, Muslim, Buddhist Jain, Sikh or Parsi
(a) A Caveat is a notice in writing that no grant to be sealed in the estate of the
deceased named, without notice to the caveator
(b) Curator is the person appointed by the court to protect the estate of the deceased.
Answer Key
1. (c) The Hindu Succession Act, 1956 (which extends to the whole of India came into
force on 17 June 1956) preserves the dual mode of devolution of property, viz. by
survivorship and by succession, under the Mitakshara School.
2. (a) The Act bases its rule of succession on the basic Mitakshara principle of
propinquity i.e. preference of heirs on the basis of proximity of relationship.
3. (c) The law of succession is classified under the two heads:
(i) Testamentary succession - The testator i.e. person who made the Will, enjoys full
freedom of bequeathing his property— separate (divided) or undivided interest. It
deals with rules relating to devolution of property on relations as well as others.
(ii) Intestate succession - It is based on the law of inheritance, viz. rules which
determine the mode of devolution of property of the deceased on the heirs solely on
the basis of their relationship to the deceased. If the person dies without leaving a
Will, it is the object of the law of inheritance.
4. (c) Intestate [Sec. 3 (g)] - A person who dies without making a will.
5. (a) Heir [Sec. 3 (f)] - A person (male or female) who is entitled to inherit property
after the death of the intestate.
6. (d) Descendants - It mean the offsprings of a person, e.g. sons and daughters. The
children of sons and daughters and their children, and so on (up to any degree of
descent), are also descendants.
23
Ascendants - It mean the ancestors of a person, e.g. father and mother. The father and
mother of his father and mother are also his ascendants, and so are their parents up to
any degree.
Collaterals - These are descendants in parallel lines, from a common ancestor or
ancestress. For instance, brother is a collateral, so is sister. Similarly, paternal uncle
and paternal aunt and their children are collaterals, and so are maternal ones.
7. (d) Agnates [Sec. 3 (a)] - When a person traces his relationship with another wholly
through mates, he or she is an agnate. His sex or the sex of the deceased Hindu is
immaterial. For instance, brother, brother’s son, son’s son, son’s son’s son, father,
father’s father, father’s mother, father’s father’s father or mother, son’s daughter, etc.
are agnates. Thus, agnates can be descendants, ascendants or collaterals.
8. (d) Cognates [Sec. 3 (c)[ - Whenever in the relationship of a person with another, a
female (or females) intervenes anywhere in the line, one is a cognate to another. For
instance, sister’s son and daughters; daughter’s sons and daughters; mother’s mother
and father; father’s mother’s father and mother; mother’s father’s son and daughters
(ie., maternal uncles and aunts) are all cognates. Thus, a cognate may be a descendant,
ascendant or collateral.
9. (d) Full blood [Sec. 3 (e) (i)] - When the father and mother of two persons are the
same, e.g. ‘real’ brothers and sisters.
Half blood [Sec. 3 (e) (i)] — When two persons have the same father but different
mothers.
Uterine blood [Sec. 3 (e) (ii)] - When two persons have the same mother but different
fathers.
10. (c) Related [Sec. 3 (j)] - It means related by legitimate kinship. However,
illegitimate children are deemed to be related to their mother, and also to one another.
11. (c) The H.S.A., 1956 deals with the inheritance to - (a) the separate (divided)
properties of a Mitakshara male, (b) to the undivided interest in the JFP o f a
Mitakshara coparcener.
12. (a) The Act does not apply to the property of a Hindu who is married under the
Special Marriage Act, 1954.
13. (c) Sections 8-11 of H.S.A. provide a scheme of succession to the property of a
male Hindu dying intestate (without making a will).
14. (d) Sec. 8 provides that the property o f a male Hindu shall devolve firstly upon
the Class 1 heirs, secondly if there is no Class I heir, then upon the Class II heirs;
thirdly upon the agnates, and; lastly upon the cognates of the deceased. If a Hindu
male has no heirs under all these four heads, the Government takes the property as a
heir (Escheat).
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15. (d) ‘Son’ means a — natural or ‘aurasa’ son (a son of a voidable marriage
included); adopted son; posthumous son (i.e. child in womb at the time of death o f
intestate, born alive later), sons born after the partition and the divided sons inherit
with other sons, under the H.S.A. Step-son is not a son. Illegitimate son is not entitled
to inherit (a son of void marriage and a son of annulled voidable marriage will inherit
the property of father alone and of no other relation).
16. (d) The position of ‘daughter’ is same as that of a son. The distinction between
married, unmarried and widowed daughters is not there and all daughters inherit
equally. Unchastity and divorce is no bar to inheritance. Illegitimate daughters and
sons of a daughter are included, as illegitimate children are related to their mother i.e.
daughter.
17. (c) ‘Mother’- Propositus (deceased Hindu) may be her
legitimate/adopted/illegitimate son. A stepmother is not included in the expression
“Mother”.
18. (d) Section 10 lays down the rules of distribution of property among the Class I
heirs — Sons, daughters, mother and widow of intestate shall take one share (if there
are more than one widow, all of them together took one share); among the heirs of
branches of predeceased son and predeceased daughter, the doctrine of representation
applies and the heirs would take the same share their parents would have had if alive
and take per capita (i.e. per head).
19. (c) The Class II heirs are (9 Categories): I (Father), II (Son’s daughter’s son, son’s
daughter’s daughter, brother, sister). III (Daughter’s son’s son, daughter’s son’s
daughter, daughter’s daughter’s son, daughter’s daughter’s daughter), I V (Brother’s
son, sister’s son, brother’s daughter, sister’s daughter), V (Father’s father, father’s
mother i.e. paternal grandfather/ mother), VI (Father’s widow, brother’s widow), VII
(Father’s brother, father’s sister Le. paternal uncle or aunt/or grandfather’s sons or
daughters), VIII (Mother’s father, mother’s mother i.e. Maternal grandfather/ mother),
and IX (Mother’s brother, mother’s sister i.e. maternal uncle/ aunt).
20. (c) Father is the only nearest heir who hasn’t found a place in Class I heirs as
under the Mitakshara law, mother was considered to have greater propinquity than the
father. Father is the sole heir in category I, and in the absence of Class I heirs, takes
entire property.
21. (c) The rule is when there is any brother or sister by full blood, the brother or sister
by half blood is excluded. When there is no former, the latter inherits. The brother and
sister by uterine blood are excluded. However, if propositus and his brother and sister
are all illegitimate children of their mother, such brothers and sisters are heirs to him.
22. (d) Father’s widow means stepmother (she is the only step relation that is included
among the heirs) (even if she remarries, she will inherit). A brother’s widow can’t
succeed, if she had remarried on the date when succession opens. The rule that ‘if
25
there are more widows than one, they together take one share’ applies to the Class I
heirs and not to the Class II heirs.
23. (c) Section 9 provides the order of succession - the heirs in Class I shall take
simultaneously and to the exclusion of all other heirs; those in the first entry in Class
II shall be preferred to those in the second entry; and so on in succession.
24. (c) It may be noted that Class I heirs are also called ‘preferential heirs’, as
presence of any one of them excludes heirs in all other classes. They are also called
‘simultaneous heirs’, as heirs in Class I heirs inherits simultaneously— one does not
exclude the other. This is not so under Class II heirs - the heir in an earlier category
excludes all heirs in later categories; however, all heirs in one i.e. same category take
simultaneously and per capita {Sec. 11).
25. (c) Sec. 12 lays down the order o f succession among agnates and cognates.
26. (d) Notional/or Deemed Partition
Explanation I to Sec. 6 — “For the purpose of this section, the interest of a coparcener
shall be deemed to be the share in property that would have been allotted to him if a
partition had taken place before his death, irrespective o f whether he was entitled to
claim partition or not.”
The notional partition is not a real partition, it neither effects a severance of status nor
does it demarcate interest of other coparceners or those who are entitled to a share on
partition. It has to be used to demarcate the interest o f deceased coparcener, once that
specific purpose done, rest should be forgotten. His share gets fixed on the date of his
death, subsequent fluctuations in the fortunes of coparcenary do not affect it, and it is
this share which will go by inheritance. As the allotment of shares is only a fiction, it
is called notional or deemed partition.
When a notional partition is effected, and there are females entitled to a share, they
too are to be allotted their shares.
27. (c) According to Sec. 4, all members of undivided Hindu family, holding an£
coparcenary property, with the day this Act comes into force shall be deemed as
tenants-in-common, as if partition had taken place among all members and as if each
of them is holding his /her share separately as full owner thereof. Proviso to Sec. 4
provides that nothing in this section shall affect the right to maintenance, marriage or
funeral expenses out of coparcenary property, or right of residence (if any) of
members others than the persons entitled to held shares separately.
28. (a) According to Sec. 29-A of this Act, notwithstanding anything contained in Sec.
6, H.S.A., in a joint Hindu family, the daughter of a coparcener shall by birth become
a coparcener in the same manner as the son.
29. (d) For the purpose of succession, the property of a Hindu female falls under the
following three heads (Sec. 15):
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(a) Property inherited by a female from her father or mother;
(b) Property inherited by a female from her husband or father-in-law; and
(c) Property obtained from any other source, by inheritance or otherwise
30. (c) Sec. 16 lays down the order of succession and manner of distribution among
the heirs of a female Hindu
31. (c) Property Obtained from Any Other Source, by Inheritance, etc. [Sec. 15 (1)]
The heirs are divided into five categories called ‘entries’; heirs in the earlier entry
excludes that in the latter entries, and those included in the same entry shall take
simultaneously (Sec. 16).
32. (d) Sec. 16 lays down that if any son or daughter of the intestate had predeceased
the intestate, leaving his or her own children alive at the time of the intestate’s death,
the children of such son or daughter shall take between them the share which such son
or daughter would have taken if living at the intestate’s death.
‘Husband’ means the last lawfully married husband, not divorced one. Similarly, the
husband of a void or of an annulled voidable marriage is not included.
33. (c) Any property gifted at the time of marriage is her stridhan and succession to it
is governed by Sec. 15 (1) (Meyappa v Kannappa AIR 1976 Mad 184). Similarly, if
she has converted the property she inherited from her parent into some other property
succession will not be governed under Sec. 15 (2) (Emana v Gudiseva AIR 1976 A.P.
337)
34. (c) If she had inherited property from father or mother, the heirs fall under the two
categories:
Category (1): Sons, daughters, sons and daughters of predeceased son or daughter.
In this category, husband is not an heir.
Category (2): Heirs of the father. Here, there seems to be a defect in drafting of the
Act. Even if father is alive his property will not go to him but to his heirs. The clause
should be read, “upon the father and in default of the father, upon his heirs.”
35. (d) Property inherited from husband or father-in-law [Sec. 15(2) (b)]
The heirs to such property are:
Category (1): Sons, daughters, sons and daughters of predeceased son or daughter.
Category (2): Heirs of the husband.
Here, if the female had been married more than once, the properties inherited by her
from her respective husbands and their fathers should go to heirs of respective
husbands. Here also the property received by the female from her surviving husband
27
and from his father will not go to the surviving husband but to his heirs - again an
anomaly or defect in drafting of the Act.
36. (d) The heirs in Sec. 15 (1), entry (a) includes ‘sons, daughters, sons and daughters
of a predeceased son or daughter and husband’. All these heirs succeed
simultaneously, sharing equally.
37. (b) Secs. 24-28 of the H.S.A. enumerates certain grounds as to the disqualification
of heirs.
38. (c) Sec. 28 makes it clear that no person shall be disqualified on any other ground
whatsoever.
(1) Disease, deformity and unchastity of a widow are no longer disqualifications (Sec.
28).
(2) Mental disability is no disqualification under this Act because it has not been
specified anywhere in this Act.
(3) Remarriage of three widows, before succession opens, disentitles them from
inheritance. These widows are son’s widow, son’s son’s widow and brother’s widow
(Sec. 24). She will be disqualified even if her second husband has died or she has been
divorced. The widowed mother/ stepmother is not disqualified from inheritance even
if they have remarried (however, if she has remarried after divorcing her husband, she
has ceased to be his wife and therefore will not be his widow when propositus dies).
39. (d) Sec. 25 disqualifies two sets of murderers, (i) if a heir himself murdered or
abetted the murder of propositus in furtherance of succession, (ii) if a heir has
murdered/ abetted the murder of someone other than the propositus in furtherance of
succession. This was also the old Hindu law.
A Hindu male/ female who converts is not disqualified, but his/ her children are
disqualified. So also the descendants of the children cannot inherit, unless such
children or descendants are Hindus at the time when the succession opens (Sec. 26). It
does not matter that the convert ceased to be Hindu before or after the commencement
of the Act.
40.(c) Effect of disqualification — Sec. 27 lays down that “if any person is
disqualified from inheriting any property under this Act, it shall devolve as if such
person had died before the intestate.” Thus, a disqualified person should be treated as
non-existent, and no tide or right to succeed can be traced through him.
41. (d) GENERAL RULES OF SUCCESSION ACT
(1) Half blood andfull blood (Sec. IS)- Heirs related to the propositus by full blood
shall be preferred to heirs related by half blood, if the nature of relationship is same in
every other respect. It cannot be evoked when a particular heir is to be preferred to
another.
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(2) Per stripes and per capita rules (Sec. 19)- If two or more heirs succeed together to
the property of an intestate, they shall take the property per capita (i.e. per head) and
not per stripes (unless otherwise provided in the Act), and as tenants-in-common and
not as joint tenants.
(3) Posthumous child (Sec. 20) - Such child is an heir, but the child must be in the
womb (Justo matrimonio i.e. moment of conception) at the time o f the death of
intestate and the child must be born alive
42. (d) (4) Presumption in case of simultaneous death {Sec. 21) — Where two persons
have died in circumstances rendering it uncertain whether either of them, and if so
which, survived the other, then for all purposes affecting succession to property, it
shall be presumed, until contrary is proved, that the younger survived the older. For
instance, a father F and a son S die in an air crash. 8 will be presumed to have
survived F. This means that F’s property' will pass to S, and will go to S’s heirs.
Younger means younger in relationship, not necessarily in age.
43. (d) Preferential right or right of pre-emption {Sec. 22) - When heirs
simultaneously succeed to immovable property/ business of a Hindu male as Class I
heirs and if any of heirs wants to dispose of his or her share in the immovable
property/ business, the other heirs will have a preferential right to acquire that share.
Any transfer in derogation of that right would be voidable, at the instance of the co-
heirs, who are denied their preferential right.
44. (d) Partition of dwelling house (Sec. 23) - “Where a Hindu dying intestate has left
surviving him or her both male and female heirs (Class 1) and his or her property
includes a dwelling house wholly occupied by members o f his or her family, then,
notwithstanding anything contained in this Act, the right of any such female heir to
claim partition of house shall not arise until the male heirs choose to divide their
respective shares therein; but the female heir shall be entitled to a right of residence
therein.
Provided that where female heir is a daughter she shall be entitled to residence right
only if she is unmarried or has been deserted by or has separated from her husband, or
is a widow” (It may be noted that a married daughter who left her husband of her own
accord is not entitled to such right).
Hindu tenets treasured the house of family as an impartible asset between a female
and male member. The object of Sec. 23 is to prevent fragmentation of house to the
prejudice of males or to prevent compulsion to alienate/ sold house, if it is incapable
of division. Sec 23 will not apply if all heirs are males or females. The rule enacted in
this section has been called a “statutory novelty”.
45. (b)Failure of heirs {Escheat) - The lapsing of property' to the Government in
default of heirs on the death of the intestate is provided for by Sec. 29 of the Act.
However, the Government will take such property subject to all the obligations and
29
liabilities to which an heir would have been subject. Escheat is not very common, as
all persons generally make wills, and even when they do not, some remote relative is
bound to come to claim. This section applies not only to a case where there are no
heirs at all, but also to cases where there are heirs who are disqualified.
46. (d) When a male Hindu dies intestate (without making a will) after 17th June,
1956, and leaves behind property', which is capable of devolution by succession, the
provisions of Hindu Succession Act, 1956 comes into operation. The Act is, thus, not
retrospective in operation.
The Act not only codifies the law relating to the intestate succession but also amends
it. The Act purports to override all existing laws whether in the shape of texts,
enactments, custom or usage (Sec. 4).
47. (d) The Act lays down a uniform system of inheritance, applicable to both
Mitakshara and Dayabhaga Schools, as also to persons in certain parts of South India,
who were previously governed by the Marumakkatyam, Aliyasantana and Nambudi
systems of law.
The Act shall apply to all intestate Hindu succession, except to the property of a
person to whose marriage provisions of the Special Marriage Act, 1954 apply, and to
the impartible estates of Rulers of Indian States, succession to which is regulated by
special covenants or agreements or any existing enactments (Sec. 5). With the
exception of these estates, all other impartible estates are abolished by the Act.
48. (c) An ‘impartible property’ is one which descends to one member only, either by
custom, or under any provision of law or by the terms of its grant. It may be noted that
if two Hindus marry under the Special Marriage Act, the property of the spouses
devolves as per the Indian Succession Act, 1925. If, however, they prefer to marry
under the Hindu Marriage Act, their property will be governed by the H.S.A., 1956.
49. (d) The Act modifies in certain respects law relating to J FP. Now the undivided
interest of a Mitakshara coparcener in the JFP on his death does not necessarily
devolve by an absolute rule of survivorship, but may go by any of the following
modes:
(a) by testamentary disposition — A Mitakshara coparcener may dispose of his
undivided share through a will (Sec. 30).
(b) by survivorship - In case he does not make a will o f his share, it will devolve on
the surviving coparceners by rule of survivorship, except when he dies leaving behind
female heirs, etc. under Sec. 6.
(c) by rule of intestate succession - In case he dies intestate survived by one or more
of Class I female heirs or a male heir claiming through a female, his undivided interest
in the JFP shall not devolve by survivorship but by intestate succession to the separate
property of a Hindu male (Sec. 6).
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50. (c) Under Sec. 30, H.S.A., a coparcener can dispose of by will (or other
testamentary disposition) any property which is capable of so being disposed by him
in accordance with the provisions o f the Indian Succession Act or any other law
applicable to Hindus. The Dayabhaga law also provided for such a disposition. The
Explanation to Sec. 30 provides that the interest of a male Hindu in a Mitakshara
coparcenary property or the interest in the property of tarwad, tavazhi. illom, kutumba
or kavaru can be disposed of by will.
51. (d) Circumstances in Which a Coparcener Does Not take by Survivorship
In the following cases, the right of the surviving coparceners to take the interest of a
deceased coparcener by survivorship will be defeated:
(i) Where the deceased coparcener has left male issues, they represent his right to a
share on partition.
(ii) Where the deceased coparcener has left behind a female relative specified in Sec.
6, H.S.A.
(iii) Where he has disposed of his interest by a will (Sec. 30, H.SA.).
52. (d) Circumstances in Which a Coparcener Does Not take by Survivorship
In the following cases, the right of the surviving coparceners to take the interest of a
deceased coparcener by survivorship will be defeated:
(iv) Where he has sold or mortgaged his interest with the consent of other
coparceners,
(v) Where his interest has been attached in execution of a decree against him during
his lifetime.
(vi) Where, on his becoming insolvent, his interest has been vested in the Official
Assignee/ Receiver
53. (d) Property inherited by a woman, whether from a male or a female, is not her
stridhan. Property obtained by a woman by adverse possession has been held to be
stridhan. Likewise, unrealized rents and profits accruing from property bequeathed to
a female during her widowhood is her stridhan. So also, property purchased from
stridhan is stridhan. The stridhan property is just like the property of a coparcener.
54. (c) Succession to stridhan-. (i) Unmarried woman - first to uterine brothers, then
mother, father, etc. (ii) Married woman - In respect of sulka (a gratuity or marriage-
fee for which a girl is given in marriage), first to uterine brother, then mother, father,
and, heirs of father. In respect of other stridhan, first to unmarried daughter, then
married daughter, daughter’s daughter, daughter’s son, son, and, son’s son.
55. (a) Sec. 14, H.S.A., 1956 introduced fundamental changes in the concept of
woman’s property:
31
(1) Any property possessed by a female Hindu, whether acquired before or after the
commencement of this Act, shall be held by her as a full owner thereof and not as a
limited owner.
Explanation - The term “property” includes both movable and immovable property
acquired by a female Hindu by inheritance or device/or at partition/or in lieu of
maintenance or arrears of maintenance/or by gift from any person, before, at or after
her marriage/or by her own skill or exertion/or by purchase or prescription/ or in any
other manner/and also any such property held by her as stridhan immediately before
the commencement of this Act.
(2) Properly given with limitations - Nothing contained in Sub-sec. (1) shall appl to
any property acquired by gift/ will/ or any other instrument/ under a decree or order of
court/ or under an award, where the terms of gift> other instrument, decree or award
prescribe a restricted estate in such property.
[Note: There is nothing in Sec. 14 (2) or other sections to qualify the absolute
ownership or led to forfeiture of estate on her ‘remarriage’. The H.S.A. override the
Widow Remarriage Act or any other Act. Once her limited (woman’s) estate becomes
her full or absolute estate (i.e. stridhan) by virtue of Sec. 14, a Hindu female can
alienate it by gift or otherwise.]
56. (d) Essentials of a Will : (Unprivileged Will)
(i) It must be in writing. Stamp paper not required
(ii) It must contain a legal declaration of his intention (Animus testandi).
(iii) It must be with regard to -his property. Movables and Immovables.
57. (a) The Unprivileged Will must take effect after the death of the testator
58. (d) (v) Person with legal incapacity cannot make a will. A minor cannot make a
will. The deaf, dumb or the blind can make a will if he is able to know what he does
by a will. During lucid intervals, an insane may make a will.
59. (d) If a will is made under fraud undue influence or coercion it is void.
60. (c)
(vii) A will may be revoked at any time by the testator, (viii) Amendments or
changes may be made by writing a codicil.
61. (d) Attestation : The will shall be attested by two or more witnesses.
Each witness must have seen the testator sign or affix his mark. It is not necessary that
both the witnesses should be present at one and the same time. The attesting witness
need not know the contents of the will.
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62. (d) The privileged will may be executed by any soldier employed in an expedition
or engaged in actual warfare. It applies to land, Navy and Air Personnel. A Medical
Officer attached to the regiment is a 'soldier' for this purpose and hence can execute a
privileged will.
63. (d) If a soldier leaves instructions for the preparation of his will but before it is
prepared he dies such instructions will constitute his will. By declaring his intention,
before two witnesses the soldier may make a will.
The will is void of the testator Jives for more than 30 days after making the will. This
is so because he can make an un-privileged will.
64. (d) Unprivileged Will
Codicil:
Means an instrument made in relation to a. will and explaining, altering or
adding to its dispositions. It shall be deemed to be part of the will.
It is necessary that the Codicil should be in writing. The person shall have
attained majority and must be of sound mind. An insane person can make a
Codicil but only during lucid intervals. The Codicil must be executed by the
testator himself by putting the signature. There must be attestation, as in a will.
65. (c) Executor De Son Tort: (Executor of his own wrong) Sn 303
He is neither an executor nor an administrator but is a self appointed executor who
inter-meddles with the estate of the deceased. He may do any other act which a legal
executor could have done. Such a person is an executor of his own wrong.
There are some exceptions:
(i) If a person intermeddles with the goods of the deceased to preserve them. or to
provide for funeral expenses or for other immediate legal necessities, he is not an
Executor de son tort.
(ii) If a person deals with the goods of the testator in the ordinary business, he is not
an Executor de son tort.
66. (c) An executor de son tort is answerable to the rightful executor or administrator
or to any legatee or creditor. He is liable to the extent of the assets which may have
come to his hands.
67. (d) 'Donatio Martis Causa' (Sn. 181).
This is the gift made in 'contemplation of death'. It provides that a person may dispose
of any movable property by gift when he is in contemplation of death.
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The person Is in contemplation of death if he is ill and excepts to die shortly of his
illness. Such a person may deliver possession of any movable property as a gift. The
gift will not take effect if the donor recovers from illness during which it was made. It
will also not take effect if he donee dies prior to the donor.
68. (d) Donatio Martis Causa - Only movables must be given, and not immovables.
Delivery must be made.
Then only the gift is valid.
A gift made In contemplation of suicide is not 'Donation Mortis Causa.'
69. (d) Onerous Bequest
Sn. 122 I.S.A, deals with Onerous.(burdensome) bequest. Under a will, the legatee B
must- take both the bequests, one onerous and the other, not onerous otherwise he gets
nothing.
However, if the will contains two separate and independent bequests, the legatee is at
liberty to accept the one and reject the other. Here, one may be beneficial and the
other onerous. But because the transactions are different he is entitled to the option.
70. (d) Domicile means 'permanent home.' It is a place where a person has voluntarily
fixed the habitation of himself and of his family with the present intention-of making
it his permanent home.
Domicile is of two kinds: Domicile of origin and domicile of choice.
Domicile of origin is communicated at birth by operation of law. But, domicile of
choice could be acquired by any person (who is not a minor), by changing his place to
a new place with the animus (intention) to acquire the domicile of that place. Long
residence alone will not suffice. He must have the intention to acquire new domicile.
71. (d) Validity of marriage, divorce, legitimacy, testate (under a will) and intestate
(without a will) succession are determined according to domicile.
Application of domicile: In India, succession to immovable property of a deceased
person is governed by the law of India: (Lex situs).
Succession to movable property is governed by the person's domicile at the time of
his death.
72. (d) Major Exceptions : The rules relating to domicile contained in the Indian
Succession Act are not applicable to Hindus, Muslims, Buddhists, Jains and Sikhs.
73. (c) A gift under a will is a legacy.
A legacy may be generator specific.
74. (b) Specific Legacy: (1) If testator bequeaths to any person a specified part of his
property as distinguished from all other properties, the legacy is specific (Sn. 142)
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75. (c) A bequeaths to B Rs. 10,000 of his property. This is not specific.
A bequeaths to B 5% Government securities. A has various Govt. securities for Rs.
5,000. The legacy is not specific, as no reference is made to the particular Government
Bond.
76. (c) If the will contains a bequest of the residue of the testator's property along
with some mentioned items, the articles so mentioned are not specifically bequeathed.
Specific legacy can be made to two or more persons in succession though the value of
the property may be decreasing
77. (b) Where a testator bequeaths a certain sum of money or a certain quantity in any
other commodity and refers to a .particular fund or stock so as to constitute the same,
the primary fund or stock, of which payment is to be made, the legacy is
demonstrative.
In specific legacy a specified named property is given to the legatee, !n demonstrative
legacy it is directed to be paid out of a specified fund or property.
78. (c) llustrations to demonstrative legacy - (ii) A bequeaths to C Rs. 25,000 out of
estate at Ramanagaram. This is demonstrative
(iii) A bequeaths to B 'Rs. 10,000 from my 5% bonds; 1000 chests of tea from my tea
estate—These are demonstrative.
79. (a) A Residuary Legatee may be constituted with any words that show an intention
of the testator that the person so named takes the surplus or residue of his property.
No particular mode is prescribed by law but it is necessary that the intention should
be clear to constitute a legatee who gets the residue after all the other bequests are
attended to.
80. (d) Section 211. Character and property of executor or administrator as such.—(1)
The executor or administrator, as the case may be, of a deceased person is his legal
representative for all purposes, and all the property of the deceased person vests in-
him as such. (2) When the deceased was a Hindu, Muhammadan, Budhist, Sikh, [Jaina
or Parsi] or an exempted person, nothing herein contained shall vest in an executor or
administrator any property of the deceased person which would otherwise have passed
by survivorship to some other person
81. (c) Section 220. Effect of letters of administration.—Letters of administration
entitle the administrator to all rights belonging to the intestate as effectually as if the
administration had been granted at the moment after his death.
Section 221. Acts not validated by administration.—Letters of administration do not
render valid any
35
intermediate acts of the administrator tending to the diminution or damage of the
intestate's estate.
82. (a) Section 222. Probate only to appointed executor.—(1) Probate shall be granted
only to an executor appointed by the will.
(2) The appointment may be expressed or by necessary implication.
83. (d) Section 223. Persons to whom probate cannot be granted.—Probate cannot be
granted to any person who is a minor or is of unsound mind [nor to any association of
individuals unless it is a company which satisfies the conditions prescribed by rules to
be made [by notification in the Official Gazette] by the [State Government] in this
behalf].
84. (c) Section 227. Effect of probate.—Probate of a will when granted establishes the
will from the death of the testator, and renders valid all intermediate acts of the
executor as such.
85. (c) The procedure to the issue of probate is applicable for the issue of "Letters
of administration" to an Administrator i.e., petition should be filed to the District
court. He may be appointed in case of a testate or intestate succession.
86. (a) No letters of administration are to be issued within fourteen days of the death
of the testator.
87. (c) Powers and Duties of Executor or Administrator:
(iii) General Powers'.
He is entitled to incur expenditure for the care of the property and for its proper
management. He may also incur expenditure for religious, charitable and other objects
as may be reasonable and proper. But, he must take the sanction of the court.
(iv) Commission:
He is not entitled to any commission or agency charges higher than what is prescribed
by. law.
If he buys any property of the deceased, the transaction is voidable.
88. (d) Duties:

Executor is bound to carry .out the directions given under the will. He should not try
to act much wiser and better, than the pious, old fashioned and ignorant testator. He
can vary the directions as perCypres Doctrine (i.e., for similar use or to
approximate.to testator's intentions). The Administrator should act as per the
directions of the court.
36
(vi) Funeral Expenses :
It is the duty of the executor to provide funds for the performance of the various
funeral ceremonies, befitting the status and dignity of the person and subject to the
property left by testator.
89. (c) Executor or administrator shall within six months from the date of the probate
or letters of administration produce to the court an Inventory containing a full and true
account of all the property and also all the credits and the debts of the testator. Further
within one year he must produce an account of the latest position thereof.
The High Court has prescribed the method of doing the inventory. If he does not
make the Inventory he is guilty and punishable under I.P.C. Sn. 176. He should not
prepare a false inventory. If made he becomes punishable under I.P.C. Sn. 193.
90. (c) Liabilities : Devastavit:
In regard to liabilities the law of Devastavit applies. Executor or administrator is
liable to make good the loss or damage caused to the assets due to his misapplication.
Similarly, he is liable for his negligent act towards the assets.
91. (d) Citation
Means "a reference to prior title." Letters of administration should be granted to
the residuary legatee in the absence of executor or persons related by marriage or
blood to the testator.
Hence if a prior title is cited and proved, the letters of administration cannot be
issued to the Residuary legatee. This is called Citation. The principle is that if a prior
party has a title to the grant of probate or letters, that person must be cited, before the
letters of administration are granted to the next person.
The order mentioned in the Indian Succession Act is :
(i) Executor
(ii) Persons related by marriage or blood (iii) Residuary
legatee (iv) Specific legatee
(y) Legatee
(vi) Creditor
92. (d) District Judge is empowered under the I. S. Act to grant a certificate called
Succession Certificate. There should be no Fraud 'Suggestio Faisi', 'Supsressio Veri' in
the petition.
37
No period of limitation is prescribed to make the application.
93. (a) He decides in a summary manner 'as to whom the succession certificate is to be
issued.
94. (d) A certificate may be revoked by a decree or order of the court on the ground:
(i) That the procedure was defective (ii) It was obtained fraudulently, (iii) It was
obtained by making untrue allegations or, (iv) It has become useless or in operative.
95. (c) A certificate shall not be issued if there is already a probate or letters of
administration duly issued.
If the certificate becomes invalid or is superseded, the holder shall surrender it to the
District Court. If not, he is punishable with fine (Rs. 1,000) or imprisonment for three
months or both.
96. (a) Contingent Bequest: (Sns. 124 and 125}
In a will, the testator may make a bequest subject to a contingent event. If a legacy is
given subject to the happening of a specific uncertain event, without mentioning the
time, the legacy takes effect only when that event happens, before the fund
bequeathed becomes payable.
97. (c) 152. Ademption explained.—If anything which has been specifically
bequeathed does not belong to the testator at the time of his death, or has been
converted into property of a different kind, the legacy is a deemed; that is, it cannot
take effect, by reason of the subject-matter having been withdrawn from the operation
of the will.
98. (d) A testator has a right to bequest but that should be according to the provision
of the Indian Succession Act.
A bequest becomes "void" in some circumstances :
(i) When a testator makes a bequest to a person, with particular description, but there
is no person of that description, the bequest is void. (ii) Unborn Person: If a testator
makes a bequest to a person, who is not in existence at the time of the testator's death,
the later bequest is void. However. it will not be void, if it comprises the whole of the
remaining interest of the testator in it., (subject the prior bequest contained in the will)
(iii) Perpetual :
The question is whether a testator may create bequests for generations ? As the
tendency of such bequests is to tie-up the property, law has imposed certain
restrictions. One such restriction is the rule against perpetuity
99. (d) Section 24 of the Indian Succession Act, defines "Consanguinity," According
to it:
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"Kindred or Consanguinity is the connection or relation of persons descended from
the same stock or common ancestor.
This definition is made for a limited purpose under the Act. it does not apply to any
Hindu, Muslim, Buddhist Jain, Sikh or Parsi
100. (c) Caveat Section 284
"A Caveat is a notice in writing that no grant to be sealed in the estate of the deceased
named, without notice to the caveator"- -Williams.
The main purpose is to give time to the caveator to make enquiries, and to obtain
information to enable him to oppose the grant of probate or letters of administration.
Curator (Sections. 192-210)
Provisions are made in the Indian Succession Act to protect the property of the
deceased against misappropriation waste or neglect. The property may be movable or
immovable. Curator is the person appointed by the court to protect the estate of the
deceased.
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Law of Succession (Indian Succession Act and Hindu Succession Act)

1. Which of the following is true?

88. (d) Duties:

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