Mumbai University Solved Question Papers
Family Law I
Previous Year Question Paper with Solution
LLB 3 years · Sem 2
Jun 2018 Examination
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LLB 3 years Sem 2 Family Law I Jun 2018 Question Paper with Solutions
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First published on munotes.in on 17 October 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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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 the University of Mumbai at the Jun 2018 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Jun 2018 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Jun 2018 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 in One or Two Sentence, all 10 20 Marks
1.Who is an 'Executor' under the Indian Succession Act?[2]
Answer
The definition: section 2(c). Under the Indian Succession Act, 1925, an executor is the person to whom the execution of the last will is entrusted. The testator himself makes the appointment.
How he is appointed. By the testator, in the will.
- The appointment may be express, by naming him.
- It may be by necessary implication (section 222). For example, a will saying "C is to be executor if B will not act" appoints B by implication.
His position.
- He is the deceased's legal representative for all purposes (section 211).
- The deceased's property vests in him.
- He collects the assets, pays the debts and funeral expenses, and distributes the legacies.
Probate. Only an executor appointed by the will may obtain probate (section 222). Where section 213 applies, his right as executor can be established in court only after probate. Wills of Muslims and Indian Christians are exempt from that rule.
A legatee who is also executor. He cannot take his legacy unless he proves the will or otherwise shows he intends to act (section 141).
He may be a witness. Being an executor does not disqualify a person from witnessing the will, or proving it (section 68).
Executor and administrator. An executor is chosen by the testator. An administrator is appointed by the court where there is no executor (section 2(a)).
Example. Thomas's will names his brother Paul as executor. After Thomas dies, Paul applies for probate and administers the estate.
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