KSLU Solved Question Papers
Family Law I (Hindu Law)
Previous Year Question Paper with Solution
B.B.A. LL.B. (Five Years) · Sem 5
2022 Apr (70 marks) Examination
munotes.in
Mumbai
B.B.A. LL.B. (Five Years) Sem 5 Family Law I (Hindu Law) 2022 Apr (70 marks) Question Paper with Solutions
First published on munotes.in on 2 November 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.
munotes.in is an independent study resource for students of Karnataka State Law University. It is not affiliated with Karnataka State Law University, and is not endorsed by it.
The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by Karnataka State Law University at the 2022 Apr (70 marks) examination.
Contents
The questions below are the paper as Karnataka State Law University set it at the 2022 Apr (70 marks) examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the 2022 Apr (70 marks) examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.
Duration 2½ hours · Total marks 70 · 12 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q1Discuss the features of Hindu Coparcenary system.[10]
Answer
For full marks, cover: what a Mitakshara coparcenary is; its features (a creature of law; four degrees; the daughter since 2005; interest by birth; unity of ownership and of possession; a shifting, undefined share; management by the karta; restraint on alienation; partition at will; succession in place of survivorship), with Ghamandi Ram and Vineeta Sharma; the rights of a coparcener (to possess and enjoy, to be maintained, to demand partition, including through a suit for a minor, Kakumanu; to sell his interest where his school allows, Sukhram; not to gift it without consent, Thamma Venkata Subbamma; to will it; to resist an unjustified alienation; to accounts on partition); a conclusion.
The coparcenary
A Mitakshara coparcenary is the group within a joint Hindu family that holds the ancestral property by birth. It is formed of the holder and the next three generations below him. Since 9 September 2005 it includes daughters as well as sons.
The features
The Supreme Court described the classical coparcenary in State Bank of India v. Ghamandi Ram, AIR 1969 SC 1330. Male descendants up to the third generation acquire ownership in ancestral property by birth. Any of them may demand partition. Until partition each has ownership over the whole jointly with the others. They possess and enjoy it in common. No alienation binds the others without their concurrence, unless for legal necessity. On a death, the interest lapsed to the survivors.
Read with the 2005 amendment, its features are these.
- Created only by law. No one can join a coparcenary by agreement. Entry is by birth or adoption.
- Four degrees. It stops at the great-grandson of the holder.
- Daughters included. Section 6(1) of the Hindu Succession Act now makes a daughter a coparcener by birth, as a son is. In Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, the Supreme Court held that her father need not have been alive on 9 September 2005.
- Interest from birth. No coparcener waits for an ancestor's death.
- One ownership, one possession. The whole property belongs to the body together, and all possess it together.
- A shifting share. A coparcener's share is not fixed until partition. A birth reduces it and a death enlarges it.
- A manager. The karta, now the eldest coparcener, manages the property for all.
- Limited alienation. Family property may be alienated only for legal necessity, benefit of the estate or an antecedent debt.
- Partition at will. Any coparcener may end his membership by partition.
- Succession, not survivorship. For deaths after 9 September 2005, a coparcener's interest passes by will or succession under section 6(3).
The rights of a coparcener
1. To possess and enjoy the property. Each coparcener may use the whole property along with the others. He cannot be excluded by the karta or by any other member.
2. To be maintained. He, his wife and his children are entitled to maintenance out of the joint property.
3. To demand partition. An adult coparcener may demand partition at any time, without anyone's consent. A minor may do so through a suit, if it is for his benefit.
Kakumanu Pedasubhayya v. Kakumanu Akkamma, AIR 1958 SC 1042. A partition suit was filed in 1942 for a boy of about two and a half, through his maternal grandfather. The boy died while it was pending. The Supreme Court held that a suit on a minor's behalf severs his status from the date it is filed. That holds where the court finds the suit was for his benefit. So the suit did not abate, and his mother could continue it as his heir.
4. To sell his interest, where his school allows. In Sukhram v. Gauri Shankar, AIR 1968 SC 365, the Supreme Court noted the rule. Under the Benares school a coparcener cannot sell his undivided interest without the others' consent. Under the Maharashtra and Madras schools he may sell it for value. The buyer takes the right to have that share separated by partition.
5. Not to gift it without consent. In Thamma Venkata Subbamma v. Thamma Rattamma, AIR 1987 SC 1775, a coparcener gifted his whole undivided interest to his brother. The Supreme Court held that a coparcener cannot gift his undivided interest without the consent of the others. A gift to the other coparceners, however, operates as a renunciation and is valid. So this gift stood.
6. To will his interest. The Explanation to section 30 of the Hindu Succession Act treats a coparcener's interest as property he can dispose of by will. A daughter may also will her coparcenary property under section 6(2).
7. To resist an unjustified alienation. The karta may sell family property without legal necessity, benefit or an antecedent debt. A coparcener may then sue to have the sale set aside as against his interest.
8. To accounts on partition. He cannot call the karta to account for past management while the family stays joint. On partition he may demand an account of the property then in hand, and more if fraud is shown.
Conclusion. A coparcenary is a body created by law, limited to four degrees and now open to daughters, as Vineeta Sharma confirms. Its members hold the property by birth, in one ownership and one possession, with shifting shares and a karta to manage. A coparcener may possess the property, be maintained, demand partition, and sell or will his interest within the rules of his school. He cannot gift his interest without consent, as Thamma Venkata Subbamma holds. He may resist an unjustified alienation and demand accounts on partition.
The rest of the answers
The first answer is free. The rest come with the KSLU B.B.A. LL.B. Semester 5 solved papers.
You have read the question paper and its first answer in full. Buy the solved papers once and you can read every answer of every solved paper in this semester.
Solved papers: ₹499 Already bought it? Sign in
The question paper itself stays free, and so does the syllabus.
Found an error in this volume? Report it and we will check it against the paper.