Mumbai University Solved Question Papers
Family Law II
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Jan 2024 - 75/25 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
Family Law II
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Jan 2024 - 75/25 Examination
munotes.in
Mumbai
First published on munotes.in on 29 September 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 Jan 2024 - 75/25 examination.
The questions below are the paper as the University of Mumbai set it at the Jan 2024 - 75/25 examination, in the order it was set.
MarksPage
MarksPage
The questions in this volume are the questions asked at the Jan 2024 - 75/25 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 2½ hours · Total marks 75 · 21 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.
I Answer in one or two sentences each.
Any 6 · , any 6 of 8 12 Marks
Answer
Escheat is the devolution of property on the State when the owner dies leaving no heir qualified to take it.
Section 29 of the Hindu Succession Act, 1956 provides that if an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property devolves on the Government; and the Government takes the property subject to all the obligations and liabilities to which an heir would have been subject.
Two things follow from those words.
It is the last resort, not a preference. The Government takes only after Class I, Class II, the agnates and the cognates have been exhausted for a male under section 8, and after all five entries of section 15 for a female. A single qualified heir, however remote, defeats it.
The State takes the property as an heir, not as a sovereign windfall. Because it takes subject to the obligations and liabilities, a charge on the property, a debt properly binding it, or a claim for maintenance that attaches to it, remains enforceable against the Government.
The constitutional provision behind it is Article 296, under which property accruing by escheat or lapse, or as bona vacantia for want of a rightful owner, vests in the State in which it is situated.
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