Mumbai University Solved Question Papers
Family Law I
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
May 2017 Examination
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LLB 3 years Sem 2 Family Law I May 2017 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the May 2017 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the May 2017 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the May 2017 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 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.
SECTION I
Q.1 Answer the following in One /Two Sentences, all 10 20 Marks
1.What is specific legacy.[2]
Answer
For full marks, cover: the definition of a specific legacy in section 142; the illustrations; how it differs from a demonstrative and a general legacy; its risk of ademption (section 152); and a conclusion.
Definition: section 142
Under the Indian Succession Act, 1925, a legacy is specific where the testator gives a specified part of his property. That part must be distinguished from all other parts.
In short, a specific legacy is a gift of a particular, identified thing.
Illustrations from section 142
- "The diamond ring presented to me by C."
- "My gold chain."
- "A certain bale of wool."
- "All my household goods in my dwelling-house in M Street, Calcutta, at my death."
How it differs from other legacies
- General legacy. A sum or thing not tied to any particular asset, such as "Rs 50,000". It is paid out of the estate generally.
- Demonstrative legacy (section 150). A sum directed to be paid out of a named fund. If specified property is given, the legacy is specific. If a sum is to be paid out of specified property, it is demonstrative.
Its risk: ademption
A specific legacy is adeemed, and fails, in two cases (section 152). At the testator's death the thing does not belong to him, or has been converted into property of a different kind. A demonstrative legacy is not adeemed (section 153).
Its advantage in abatement
- If the assets cover debts and expenses, the specific thing is delivered without abatement (section 328).
- General legacies abate first, after specific legacies are met (section 327).
- Specific legacies abate rateably only if assets cannot meet debts and them (section 330).
Example
Anna leaves "my Maruti car" to her nephew. That is specific. If she sells the car before her death, the gift fails. If she had left "Rs 3 lakh out of my bank deposit", that would be demonstrative, and payable from other assets if the deposit were gone.
Conclusion. A specific legacy gives a particular thing, distinguished from the rest of the estate. It abates after general legacies, but fails by ademption if the thing is gone.
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