UNIT-2(Family Law)

Meaning, Division of Right, and Division of Property in the Context of Family

Law in India

1. Meaning of Right in Family Law

In family law, a right refers to the legal entitlements and obligations of individuals within a
family structure. These rights arise from personal laws governing marriage, divorce,
maintenance, succession, and guardianship, depending on the individual's religion (Hindu,
Muslim, Christian, or Parsi law) or the secular Special Marriage Act, 1954.

Some key rights under family law include:

Right to Marriage: The legal ability to enter into a marriage under personal laws or the
Special Marriage Act.
Right to Maintenance: Entitlement of spouses, children, and sometimes parents to
financial support under Section 125 of the CrPC and personal laws.
Right to Inheritance and Succession: Legal entitlements to ancestral or self-acquired
property upon the death of a family member, governed by statutes like the Hindu
Succession Act, 1956, or Muslim Personal Law (Shariat) Application Act, 1937.
Right to Adoption and Guardianship: Rights regarding the custody and guardianship of
minors, as provided under the Hindu Adoption and Maintenance Act, 1956, and the
Guardians and Wards Act, 1890.

2. Division of Right in Family Law

Rights in family law can be categorized based on their nature and applicability:

1. Marital Rights:
Right to cohabitation (Restitution of Conjugal Rights under Section 9 of the Hindu
Marriage Act, 1955).
Right to divorce and separation (under various personal laws and The Divorce Act,
1869 for Christians).
Right to maintenance (available to spouses under Section 125 CrPC and personal
laws).
2. Parental and Child Rights:
Right to custody and guardianship of children (under the Hindu Minority and
Guardianship Act, 1956 and the Guardians and Wards Act, 1890).
Right of children to maintenance from parents.
Right of children to inherit property from parents under succession laws.
3. Property and Succession Rights:
Right to ancestral and self-acquired property.
Right of daughters to equal inheritance (as per the 2005 amendment to the Hindu
Succession Act).
Right of Muslim women to inherit under Islamic inheritance laws.
 4. Matrimonial Property Rights:
Right to claim a share in matrimonial property after divorce (not explicitly recognized
in India but under judicial consideration).
Right to Streedhan (property given to a Hindu woman at marriage, recognized under
family law).

3. Division of Property in Family Law

Property in family law is divided based on ownership, inheritance, and succession rules:

1. Ancestral vs. Self-Acquired Property (Under Hindu Law)

Ancestral Property: Property inherited up to four generations of male lineage, where
coparcenary rights exist.
Self-Acquired Property: Property personally acquired by an individual, over which
he/she has full control in terms of inheritance.
2. Coparcenary and Separate Property (Hindu Law)
Coparcenary Property: Property that belongs to the Hindu Joint Family, where sons
and daughters (post-2005) have an equal right by birth.
Separate Property: Property exclusively owned by an individual and inherited by heirs
as per succession laws.
3. Division of Property in Case of Divorce
Hindu, Christian, and Parsi laws do not grant automatic rights over the spouse’s
property after divorce. However, courts may grant maintenance and alimony based on
financial need.
Under Muslim Law, a wife may be entitled to Mehr (Dower) and maintenance during
the iddat period after divorce.
4. Testamentary and Intestate Succession
Testamentary Succession: When property is distributed according to a valid will under
the Indian Succession Act, 1925.
Intestate Succession: If a person dies without a will, property is divided based on
personal laws (e.g., Hindu Succession Act, 1956 for Hindus, Muslim Law of
Inheritance for Muslims).
5. Women's Property Rights
Hindu Law: Post-2005 amendment, daughters have equal rights in ancestral property.
Muslim Law: Women have inheritance rights, though generally half of what male heirs
receive.
Christian and Parsi Law: Women inherit equally as per the Indian Succession Act,
1925.

Conclusion

In Indian family law, rights and property are deeply connected to marriage, succession, and
guardianship laws. While Hindu law follows a mix of Mitakshara and Dayabhaga schools,
Muslim law is based on Sharia, and Christians and Parsis follow the Indian Succession Act,
1925. Legal reforms have strengthened women’s property rights, especially under Hindu law,
but matrimonial property division remains an evolving area in Indian jurisprudence.
MCQ

1. What does "Right" mean in the context of Family Law?

a) A moral obligation
b) A legally recognized entitlement within family relationships
c) A social duty
d) A religious practice

Answer: b) A legally recognized entitlement within family relationships

2. Under which section of the Hindu Marriage Act, 1955, can a spouse seek
Restitution of Conjugal Rights?

a) Section 9
b) Section 10
c) Section 13
d) Section 24

Answer: a) Section 9

3. Which act governs maintenance rights for wives, children, and parents in
criminal law?

a) Hindu Marriage Act, 1955

b) Indian Succession Act, 1925
c) Muslim Personal Law (Shariat) Application Act, 1937
d) Section 125 of the CrPC

Answer: d) Section 125 of the CrPC

4. Which of the following is NOT a category of rights under Family Law?

a) Marital Rights
b) Parental Rights
c) Criminal Rights
d) Property Rights

Answer: c) Criminal Rights

5. Under Hindu law, which type of property is inherited by birth?

a) Self-acquired property
b) Coparcenary property
c) Testamentary property
d) Movable property

Answer: b) Coparcenary property

6. The Hindu Succession (Amendment) Act, 2005 gave which right to

daughters?

a) Right to divorce
b) Equal right in ancestral property
c) Right to maintenance only
d) Right to adopt a son

Answer: b) Equal right in ancestral property

7. Which act governs Christian inheritance in India?

a) Hindu Succession Act, 1956

b) Indian Succession Act, 1925
c) Muslim Personal Law (Shariat) Application Act, 1937
d) Special Marriage Act, 1954

Answer: b) Indian Succession Act, 1925

8. What is "Streedhan" under Hindu law?

a) Dowry given to the bride

b) Property gifted to a Hindu woman before, during, or after marriage
c) Property acquired by a Hindu woman’s father
d) Inherited property from husband

Answer: b) Property gifted to a Hindu woman before, during, or after marriage

9. In Muslim law, what is Mehr?

a) A type of maintenance
b) A dower given by the husband to the wife
c) A form of alimony after divorce
d) Property given to sons as inheritance

Answer: b) A dower given by the husband to the wife

10. Under which act can a non-Hindu legally adopt a child in India?

a) Hindu Adoption and Maintenance Act, 1956

b) Guardians and Wards Act, 1890
c) Special Marriage Act, 1954
d) Indian Succession Act, 1925

Answer: b) Guardians and Wards Act, 1890

11. The Hindu Succession Act, 1956 applies to which communities?

a) Hindus, Sikhs, Buddhists, and Jains

b) Hindus and Muslims
c) Christians and Parsis
d) All religious communities in India

Answer: a) Hindus, Sikhs, Buddhists, and Jains

12. In Muslim Law, how is property divided among heirs?

a) According to the Indian Succession Act, 1925

b) Based on testamentary succession only
c) As per Quranic shares with males receiving double the share of females
d) Equally between male and female heirs

Answer: c) As per Quranic shares with males receiving double the share of females

13. What is the term for property that a Hindu joint family owns collectively?

a) Ancestral Property
b) Self-acquired Property
c) Coparcenary Property
d) Testamentary Property

Answer: c) Coparcenary Property

14. In case of intestate succession under Hindu law, who are the Class I heirs?

a) Only sons
b) Sons, daughters, mother, widow, and specified close relatives
c) Only male relatives
d) Only the eldest son

Answer: b) Sons, daughters, mother, widow, and specified close relatives

15. Under which law does the wife have the right to claim maintenance after
divorce in India?

a) Hindu Marriage Act, 1955

b) Special Marriage Act, 1954
c) Both a & b
d) None of the above

Answer: c) Both a & b

16. Under Hindu law, which of the following is considered a woman’s absolute
property?

a) Streedhan
b) Husband’s ancestral property
c) Father’s self-acquired property
d) None of the above

Answer: a) Streedhan

17. Under the Indian Succession Act, 1925, who are the legal heirs of a deceased
Christian male?

a) Only sons
b) Sons, daughters, widow, and parents
c) Only the wife
d) Only brothers and sisters

Answer: b) Sons, daughters, widow, and parents

18. The 2005 amendment to the Hindu Succession Act granted daughters
equal rights in:

a) Self-acquired property only

b) Coparcenary property
c) Only the father’s property
d) None of the above

Answer: b) Coparcenary property

19. What is the concept of "Iddat" in Muslim law?

a) A period of waiting after divorce or husband's death before remarriage

b) A type of maintenance
c) A right to property after divorce
d) A form of marital agreement

Answer: a) A period of waiting after divorce or husband's death before remarriage

20. In Hindu Law, can a father gift ancestral property to anyone of his choice?
a) Yes, without restrictions
b) No, because it belongs to the coparcenary
c) Yes, but only to his wife
d) Only if the son agrees

Answer: b) No, because it belongs to the coparcenary

Persons Entitled to Demand Partition in Family Law (India)

Partition refers to the division of joint family or ancestral property among legal heirs. The
right to demand partition depends on the personal law governing the family, primarily Hindu
Law, Muslim Law, and Indian Succession Law for Christians and Parsis.

1. Under Hindu Law (Hindu Succession Act, 1956 &

Mitakshara Coparcenary Law)
In a Hindu Joint Family, partition can be demanded by certain members who have a
coparcenary right in the property.

Persons Entitled to Demand Partition:

1. Coparceners (Under Mitakshara Law)

Sons
Daughters (after the 2005 amendment to the Hindu Succession Act)
Grandsons
Great-grandsons
2. Father (Karta of the Joint Family)
The father has the right to demand partition of his ancestral property.
He can divide the property among his sons but cannot deprive them of their legal
share.
3. Sons and Daughters (After 2005 Amendment)
Daughters are now considered coparceners with equal rights as sons and can demand
partition.
4. Adopted Son
An adopted son is considered equivalent to a natural son and can demand partition.

Persons NOT Entitled to Demand Partition:

1. Wife – A wife cannot demand partition but can claim maintenance and residence under
Hindu law.
2. Mother – A mother does not have the right to demand partition but can receive a share
when partition takes place among sons.
3. Sisters – Sisters do not have the right to demand partition but inherit their father’s share
if he is deceased.

2. Under Muslim Law

Muslim law does not recognize the concept of coparcenary property or joint family
property like Hindu law.
However, a Muslim heir (Sharer or Residuary) can demand partition of property after the
death of the owner.

Persons Entitled to Demand Partition:

1. Legal heirs after the owner’s death (as per Islamic inheritance laws)
2. Widow – Entitled to her share in her husband's property but cannot demand partition
during his lifetime.
3. Children (both sons and daughters) – Can claim their respective Quranic share after the
parent's death.

3. Under Christian and Parsi Law (Indian Succession Act,

1925)
Christians and Parsis do not have the concept of joint family property.
Property is divided as per testamentary (will-based) or intestate (without a will)
succession.

Persons Entitled to Demand Partition:

1. Legal heirs after the death of the owner

Sons and daughters
Widow
Parents (if alive)
2. No right to demand partition during the lifetime of the owner.

Conclusion

Hindu Law (Mitakshara) allows coparceners (sons & daughters) to demand partition.
Muslim Law allows partition only after the death of the owner.
Christian & Parsi Law follows the Indian Succession Act, 1925, and heirs get their share
only after death.

MCQ

1. Who among the following has the right to demand partition under Hindu
law?
a) Son
b) Daughter (after 2005 amendment)
c) Grandson
d) All of the above

Answer: d) All of the above

2. Which law governs the partition of property in a Hindu Joint Family?

a) Indian Succession Act, 1925

b) Hindu Marriage Act, 1955
c) Hindu Succession Act, 1956
d) Muslim Personal Law (Shariat) Application Act, 1937

Answer: c) Hindu Succession Act, 1956

3. After the 2005 amendment to the Hindu Succession Act, who among the
following was granted equal rights in coparcenary property?

a) Sons only
b) Daughters only
c) Both sons and daughters
d) Only grandsons

Answer: c) Both sons and daughters

4. Under Mitakshara Hindu law, what type of property can be partitioned?

a) Self-acquired property
b) Coparcenary property
c) Stridhan
d) Ancestral property of the wife

Answer: b) Coparcenary property

5. Can a father demand partition of his own self-acquired property?

a) Yes
b) No
c) Only with the consent of his children
d) Only after his death

Answer: a) Yes

6. Which of the following cannot demand partition under Hindu law?

a) Wife
b) Mother
c) Sister
d) All of the above

Answer: d) All of the above

7. In Hindu law, what is the minimum number of generations required for a

property to be considered ancestral?

a) Two
b) Three
c) Four
d) Five

Answer: c) Four

8. Who is considered a coparcener in a Hindu Joint Family after the 2005

amendment?

a) Only sons
b) Only male members
c) Both sons and daughters
d) Only grandsons

Answer: c) Both sons and daughters

9. Can an adopted son demand partition in a Hindu Joint Family?

a) Yes, he has the same rights as a natural-born son

b) No, he has no rights in ancestral property
c) Only if expressly granted by the father
d) Only after the death of the father

Answer: a) Yes, he has the same rights as a natural-born son

10. Can a Hindu mother demand partition of her husband's ancestral property?

a) Yes
b) No
c) Only if she is a coparcener
d) Only after the death of her husband

Answer: b) No

11. Under Muslim law, when can heirs demand partition?

a) Anytime during the owner's lifetime
b) Only after the death of the owner
c) Only if the owner is a male
d) Never

Answer: b) Only after the death of the owner

12. Can a Muslim widow demand partition of her husband’s property during his
lifetime?

a) Yes
b) No
c) Only if the husband consents
d) Only if she has no children

Answer: b) No

13. Under the Indian Succession Act, 1925, when can a Christian or Parsi heir
demand partition?

a) Anytime
b) Only after the death of the property owner
c) Only if they are the eldest child
d) Only with the consent of all heirs

Answer: b) Only after the death of the property owner

14. In a Hindu Joint Family, can a minor coparcener demand partition?

a) Yes, through a legal guardian

b) No, minors have no rights
c) Only if all adult coparceners agree
d) Only after reaching 18 years of age

Answer: a) Yes, through a legal guardian

15. Under Hindu law, who gets a share in the property if a coparcener dies
before partition?

a) His legal heirs

b) The remaining coparceners take his share
c) The government
d) No one, as the property remains undivided

Answer: a) His legal heirs

16. Under the Hindu Succession Act, 1956, what happens if a Hindu male dies
intestate (without a will)?

a) The wife gets the entire property

b) The property is divided among Class I heirs
c) The property goes to the government
d) Only sons inherit the property

Answer: b) The property is divided among Class I heirs

17. Can a step-son demand partition in his step-father’s Hindu Joint Family
property?

a) Yes, he has equal rights

b) No, he has no coparcenary rights
c) Only if the step-father adopts him
d) Only if he is the eldest son

Answer: b) No, he has no coparcenary rights

18. Can a Hindu father deprive his daughter of her right to ancestral property?

a) Yes, by making a will

b) No, after the 2005 amendment
c) Yes, if she is married
d) Only if she agrees

Answer: b) No, after the 2005 amendment

19. If a Hindu coparcener dies without demanding partition, who can claim his
share?

a) His widow
b) His children
c) Both a & b
d) Only the eldest son

Answer: c) Both a & b

20. In Muslim law, what is the share of a daughter in her father’s property
compared to a son?

a) Equal to the son

b) Half of the son’s share
c) No share
d) More than the son
Answer: b) Half of the son’s share

Partition: How It Is Effected & Suit for Partition in Indian Family Law

Partition in family law refers to the division of joint family or ancestral property among legal
heirs. The process varies depending on personal laws, such as Hindu, Muslim, and Christian
succession laws.

1. How Partition Is Effected

Partition can be effected in different ways depending on the type of property and legal
framework. The following are the recognized modes of partition:

A. By Mutual Agreement (Partition by Private Settlement)

When all coparceners/heirs agree, partition can take place without court intervention.
This is done through:
1. Partition Deed – A legal document specifying the share of each coparcener.
2. Family Settlement – An informal arrangement dividing property among family
members.
3. Oral Partition – Recognized under Hindu Law but must be supported by evidence.

B. By Court Order (Suit for Partition)

If family members disagree on division, one or more parties can file a Suit for Partition in
court.
The court evaluates the legal shares and passes an order for division.
If physical division is not possible, the court may order the property to be sold and
proceeds divided.

C. By Transfer or Alienation

A coparcener can sell or transfer his undivided share to a third party.

The purchaser can then file for partition in court.

D. By Severance of Status (Under Hindu Law)

A unilateral declaration by a coparcener can sever his status in the joint family.
No physical division is required initially.
This is applicable under the Mitakshara school of Hindu Law.

E. By Testamentary or Intestate Succession

If the Karta (head of the family) or owner dies, the property is divided based on
succession laws (Hindu, Muslim, or Indian Succession Act).
2. Suit for Partition (Court Proceedings for Division of
Property)
When family members disagree on property division, a Suit for Partition can be filed in court.

A. Who Can File a Suit for Partition?

1. Coparceners (Hindu Joint Family) – Sons, daughters (after 2005), grandsons, great-
grandsons.
2. Legal heirs (Muslim Law) – Heirs of a deceased owner.
3. Legal heirs (Christian & Parsi Law) – After the owner’s death.
4. Purchasers of an undivided share – A person who buys a coparcener’s share.

B. Where to File the Suit?

The suit must be filed in the civil court where the property is located.

C. Steps in a Partition Suit

1. Filing a suit – The plaintiff (claimant) files a suit in a civil court.

2. Issuing notices – The court sends notices to other heirs/coparceners.
3. Determination of shares – The court decides the legal share of each party.
4. Appointment of Commissioner – A court officer may be appointed to inspect the
property.
5. Final Decree – The court orders partition (physical division or sale).
6. Execution of Decree – The order is implemented through registration and mutation in
property records.

D. Court's Power in a Partition Suit

The court can order sale and distribution of proceeds if the property is indivisible.
The court can also decide maintenance rights for dependent family members.

Conclusion
Partition can be effected through mutual agreement, court intervention, transfer, or
succession. If there is a dispute, a Suit for Partition can be filed in court to settle the division
of property.

1. What is the meaning of ‘partition’ in family law?

a) Division of joint family or ancestral property among heirs

b) Selling property to outsiders
c) Gift of property to a relative
d) Leasing the property
Answer: a) Division of joint family or ancestral property among heirs

2. Under Hindu law, which mode of partition is NOT recognized?

a) Oral partition
b) Partition by sale
c) Partition by a will
d) Partition by mutual agreement

Answer: c) Partition by a will

3. Which of the following methods is NOT a valid way of effecting partition?

a) Partition by mutual agreement

b) Partition by court decree
c) Partition by government order
d) Partition by family settlement

Answer: c) Partition by government order

4. A partition deed should be registered if it involves immovable property

worth more than:

a) ₹10,000
b) ₹50,000
c) ₹1,00,000
d) ₹100

Answer: a) ₹10,000

5. Can an oral partition be valid under Hindu law?

a) Yes, if it is supported by evidence

b) No, it must be in writing
c) Only if all family members are present
d) Only if the court approves

Answer: a) Yes, if it is supported by evidence

6. Who can file a Suit for Partition under Hindu law?

a) A coparcener
b) Any family member
c) A tenant
d) A neighbor

Answer: a) A coparcener
7. In which court should a partition suit be filed?

a) The Supreme Court

b) The High Court
c) The Civil Court where the property is located
d) Any court in India

Answer: c) The Civil Court where the property is located

8. When can a Muslim heir demand partition?

a) During the lifetime of the owner

b) After the death of the owner
c) Only if the owner is a male
d) Never

Answer: b) After the death of the owner

9. In a partition suit, who determines the shares of each coparcener?

a) The eldest family member

b) The court
c) The government
d) The Panchayat

Answer: b) The court

10. If a coparcener sells his undivided share to a third party, can the buyer
demand partition?

a) Yes
b) No
c) Only with family approval
d) Only if the seller is deceased

Answer: a) Yes

11. What happens if family members do not agree on partition?

a) The property remains undivided forever

b) The family must go to the police
c) A suit for partition can be filed in court
d) The government takes the property

Answer: c) A suit for partition can be filed in court

12. What is the final decision in a partition suit called?

a) Settlement Agreement
b) Decree of Partition
c) Family Arrangement
d) Sale Agreement

Answer: b) Decree of Partition

13. What is a Family Settlement in partition?

a) A court order
b) A mutual agreement to divide property
c) A document filed in the municipal office
d) A police complaint

Answer: b) A mutual agreement to divide property

14. Can a daughter demand partition under Hindu law after the 2005
amendment?

a) Yes
b) No
c) Only if she is unmarried
d) Only if she is older than 21 years

Answer: a) Yes

15. Who executes the court's final decree in a partition suit?

a) The police
b) The plaintiff
c) The execution officer of the court
d) The eldest family member

Answer: c) The execution officer of the court

16. If a Hindu father wants to divide his self-acquired property among his
children, which method is NOT valid?

a) By making a will
b) By selling the property
c) By forcibly evicting a child
d) By gifting shares to children

Answer: c) By forcibly evicting a child

17. What happens if a property cannot be physically divided in a partition suit?

a) It is ignored
b) The court orders the property to be sold and the proceeds divided
c) The eldest son gets full ownership
d) The government takes over

Answer: b) The court orders the property to be sold and the proceeds divided

18. Under which law does a Christian file a partition suit?

a) Hindu Succession Act, 1956

b) Muslim Personal Law
c) Indian Succession Act, 1925
d) Shariat Law

Answer: c) Indian Succession Act, 1925

19. Can a wife demand partition in a Hindu Joint Family?

a) Yes, she has full rights

b) No, but she can claim maintenance
c) Only if she has sons
d) Only if she files a police complaint

Answer: b) No, but she can claim maintenance

20. What is the first step in filing a partition suit?

a) Paying property tax

b) Filing a complaint with the police
c) Filing a suit in the civil court
d) Selling the property

Answer: c) Filing a suit in the civil court

Re-opening of Partition & Re-union in Indian Family Law

Partition in family law refers to the division of joint family property among its members.
However, in certain circumstances, a partition can be re-opened, and in some cases, a re-
union of the family can take place.

1. Re-opening of Partition
A. Meaning

Once a partition is completed, it is generally final and binding.

 However, under certain circumstances, the partition can be re-opened, meaning the
previously divided property is brought back together and re-distributed.

B. Grounds for Re-opening of Partition

A partition can be re-opened in the following cases:

1. Fraud, Coercion, or Undue Influence

If the partition was obtained by fraud, misrepresentation, coercion, or undue
influence, the affected party can challenge it in court.
2. Mistake or Error
If a genuine mistake occurred in the division of property, the court may allow re-
opening.
3. Son in the Womb (Unborn Son)
If a coparcener was in the mother’s womb at the time of partition and was not
considered, the partition can be re-opened after birth.
4. Minor’s Rights
If a minor coparcener was not properly represented at the time of partition, he can
challenge it after attaining majority.
5. Property Omitted from Partition
If any property was wrongfully excluded from partition, the affected party can
demand its inclusion.
6. Female Coparcener’s Rights (Post-2005 Amendment)
If a partition was done before 2005 without giving daughters their rightful
coparcenary share, it may be challenged under the Hindu Succession (Amendment)
Act, 2005.
7. Absence of Consent
If a coparcener’s consent was not taken, especially when required, the partition can
be re-opened.
8. Re-union of Some Members
If a few members re-unite and later realize that a member was wrongfully excluded,
they may re-open partition.

2. Re-union in Hindu Law

A. Meaning

Re-union refers to the process where members of a divided Hindu joint family agree to
live together again as a joint family.
A fresh coparcenary is created, and the reunited members regain their joint status.

B. Essential Conditions for a Valid Re-union

1. There must have been a previous partition.

Re-union is only possible if a partition had already taken place.
2. Only Certain Persons Can Re-unite:
Re-union can happen only between original coparceners.
Father and sons or brothers can reunite, but strangers and females cannot.
 3. Intention to Re-unite
There must be a clear intention to reunite and live as a joint family again.
4. Mutual Agreement
Re-union requires a mutual agreement among the members.
It can be oral or written (preferably through a formal document).
5. Re-united Property Becomes Joint Property Again
Any property that was divided will now become joint family property.

C. Effects of Re-union

1. Restoration of Joint Status – The re-united members regain their status as a Hindu joint
family.
2. Fresh Coparcenary Created – A new coparcenary is formed, and all reunited members
have equal rights.
3. Joint Ownership of Property – The property that was partitioned becomes joint property
again.

D. Important Case Laws

Laldas v. Laldas (1889) – Recognized the concept of re-union and established its validity
in Hindu law.
Krishna v. Raghunathan (1955) – Stressed that a mere joint residence does not amount
to a re-union; there must be an intention to hold property jointly.

Conclusion
Re-opening of partition happens when there is fraud, mistake, or violation of rights.
Re-union is a voluntary agreement where separated members decide to become a joint
family again.
Both concepts ensure justice and fairness in family property matters.

1. What does ‘Re-opening of Partition’ mean in Hindu law?

a) Cancelling a partition due to valid reasons

b) Selling partitioned property
c) Buying new property after partition
d) Automatically reversing a partition after 10 years

Answer: a) Cancelling a partition due to valid reasons

2. Which of the following is NOT a valid ground for re-opening of partition?

a) Fraud
b) Mistake
c) Mutual consent
d) Personal dislike of the partition
Answer: d) Personal dislike of the partition

3. If a coparcener was in the mother’s womb at the time of partition, can the
partition be re-opened?

a) Yes, after the child is born

b) No, once partition is done, it is final
c) Only if the father agrees
d) Only if the child is male

Answer: a) Yes, after the child is born

4. A minor coparcener can challenge a partition after attaining majority if:

a) He was properly represented in partition

b) His rights were ignored or misrepresented
c) His father was alive
d) The partition was done in the presence of elders

Answer: b) His rights were ignored or misrepresented

5. Under Hindu law, which Act allows daughters to claim partition rights?

a) Hindu Succession Act, 1956

b) Hindu Marriage Act, 1955
c) Hindu Minority and Guardianship Act, 1956
d) Hindu Succession (Amendment) Act, 2005

Answer: d) Hindu Succession (Amendment) Act, 2005

6. If a coparcener was forced to agree to a partition under coercion, can he

challenge it?

a) Yes, as it was not a voluntary agreement

b) No, once partition is done, it is final
c) Only if other members agree
d) Only if he has no property left

Answer: a) Yes, as it was not a voluntary agreement

7. Which of the following is NOT a valid reason for re-opening a partition?

a) Undue influence
b) Fraud
c) Error in share distribution
d) Disagreement among family members after partition
Answer: d) Disagreement among family members after partition

8. What is the effect of re-opening a partition?

a) The entire partition is cancelled, and a fresh partition is done

b) Only the disputed portion is reconsidered
c) The government takes over the property
d) The partition remains valid

Answer: b) Only the disputed portion is reconsidered

9. What is meant by ‘Re-union’ in Hindu law?

a) The process where divided members come together to form a joint family again
b) Buying back ancestral property
c) Filing a case against partition
d) Giving up one’s share in favor of another

Answer: a) The process where divided members come together to form a joint family again

10. Who can enter into a re-union under Hindu law?

a) Only the original coparceners

b) Any family member
c) Only male members
d) Only the eldest member of the family

Answer: a) Only the original coparceners

11. Which of the following is NOT an essential condition for a valid re-union?

a) Previous partition must have occurred

b) Clear intention to re-unite
c) Court approval is mandatory
d) Mutual agreement between the reuniting members

Answer: c) Court approval is mandatory

12. Can female members demand re-union under Hindu law?

a) No, only male coparceners can re-unite

b) Yes, but only if they have sons
c) Yes, without any restrictions
d) Only if they receive permission from the court

Answer: a) No, only male coparceners can re-unite

13. What happens to property after a valid re-union?

a) It becomes joint family property again
b) It is distributed equally among members
c) It is transferred to the government
d) It is sold and profits are shared

Answer: a) It becomes joint family property again

14. In which landmark case was the concept of re-union discussed?

a) Laldas v. Laldas (1889)

b) Keshav v. Raghunath (1955)
c) Manohar v. Govind (1970)
d) Ram v. Krishna (2001)

Answer: a) Laldas v. Laldas (1889)

15. What is the primary difference between re-opening of partition and re-
union?

a) Re-opening corrects errors in partition, while re-union restores joint family status
b) Re-opening cancels the entire partition, while re-union only involves some members
c) Re-opening is a legal process, while re-union is a social practice
d) There is no difference; both mean the same

Answer: a) Re-opening corrects errors in partition, while re-union restores joint family status

16. Can a minor enter into a re-union?

a) No, unless represented by a guardian

b) Yes, without any restrictions
c) Only if the father agrees
d) Only if the court approves

Answer: a) No, unless represented by a guardian

17. If one coparcener wants to re-unite, but others do not, what happens?

a) Re-union cannot happen

b) The coparcener can force others to join
c) The government will decide
d) The property will be distributed again

Answer: a) Re-union cannot happen

18. What must be proven to claim a re-union has taken place?

a) A formal agreement or clear intention to reunite
b) A family celebration was held
c) A religious ritual was performed
d) The local government approved it

Answer: a) A formal agreement or clear intention to reunite

19. Under which school of Hindu law is the concept of re-union most
applicable?

a) Mitakshara School
b) Dayabhaga School
c) Smriti Law
d) Shariat Law

Answer: a) Mitakshara School

20. What happens if some members of a divided family re-unite while others
do not?

a) Only those who re-unite form a new joint family

b) The whole family automatically becomes joint again
c) The government cancels the partition
d) All property is sold and redistributed

Answer: a) Only those who re-unite form a new joint family