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Adoption: Maintenance Act, 1956, Adoption Is A Religious Institution (A)

The document outlines various provisions and requirements related to adoption under the Hindu Adoption and Maintenance Act, 1956. It discusses the validity of adoptions, the capacity of individuals to adopt, and the rights and conditions surrounding the adoption process. Key sections and legal stipulations are referenced to clarify the legal framework governing Hindu adoptions.

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0% found this document useful (0 votes)
21 views11 pages

Adoption: Maintenance Act, 1956, Adoption Is A Religious Institution (A)

The document outlines various provisions and requirements related to adoption under the Hindu Adoption and Maintenance Act, 1956. It discusses the validity of adoptions, the capacity of individuals to adopt, and the rights and conditions surrounding the adoption process. Key sections and legal stipulations are referenced to clarify the legal framework governing Hindu adoptions.

Uploaded by

findritelaw
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Hindu Laws 445

Under the Hindu


263. Adoption and 269. Under the Hindu Adoptions and
Maintenance Act, 1956, adoption is a Maintenance Act, 1956, the requisites of a
(a) religious institution valid adoption have been laid down in
(b) secular institution (a) section 4
(c)both (a) and (b) (b) section 5
(d) only (a) and not (b). (c) section6
264. Supreme Court in Chandrashekhra V. (d) section 7.
Kulandaivelu has laid down that the 270. Under the Hindu law, an agreement not to
validity of an adoption is to be determined adopt is
(a) by the temporal & devolution of (a) void
property considerations (b) voidable
(b) by the temporalconsideration (c) valid
(c) by the devolution of property (d) either (b)or (c).
consideration 271. An adoption, in breach of an agreement not
(d) by the spiritual rather than temporal to adopt, by a person having the capacity
consideration. and right to adopt, is
265. An adoption validly made can be cancelled (a) void
by (b) voidable
(c) valid
(a) the adopter invalid.
the natural parents (d)
(b) by
(c) both (a)and (b) 272. An adoption can be made
(a) a Hindu male
(d) neither (a) nor (b). a Hindu female
266. An adopted child (b)
(c) both (a) and (b)
(a) can be given in adoption generally (d) only (a)and not (b).
(b) cannot be given in adoption Adoptions and
with the 273. Section 7 of the Hindu
(c) can be given in adoption Maintenance Act, 1956,provides for
consent of the natural parents
only with the (a) requisites of a valid adoption take in
(d) can be given in adoptioncourt. (b) capacity of a male Hindu
to
prior permission of the adoption
267. An adopted child
his adoptive parents (c) persons capable of giving in adoption in
(a) cannot renounce family of his birth (d) capacity of a female Hindu to take
and return to the adoption.
adoptive parents but
(b) can renounce his family of his birth 274. Two Hindus a male and a female
have a
cannot return to the
his adoptive parents and capacity to adopt, if their marriage has been
(c) can renouncefamily of his birth solemnized under
return to the
and not (a). (a) the Hindu Marriage Act, 1955
(d) either (b) or (c)
Hindu Adoptions (b)the Special Marriage Act, 1954
268. Under section 3(c) of the only (a) and not (b)
and Maintenance Act, 1956, 'minor
means (c)
(a) aperson, male or female, who has not (d)either (a) or (b).
completed the age of sixteen years 275. Any male Hindu can adopt
(b) a persons male or female who has not (a) a son

completed the age of eighteen years (b) a daughter


(c) a person if male not completed the age (c) either (a) or (b)
of eighteen years and if female, not (d) only (a) and not (b).
completed the age of twenty one years
(d) a person, male or female, who has not 276. Any male Hindu has a capacity to adopt if
completed the age of twenty one years. he is
(a) of sound mind and not a minor
(b) of unsound mind but not a minor
Examination
446 Choice Ouestions for Judicial Service
Multiple
(b) can adopt without the consent of her
(c) of sound mind who may be a minor husband
(d) all the above.
can adopt with the prior permission of
(c)
277. Adoption can be made by amajor Hindu the court
male of a sound mindif he is a (d) neither (a)nor (b) nor (c).
(a) bachelor
(b) widower or divorcee 284. A married Hindu woman has the capacity to
adopt if
(c)married person (a) her husband has ceased to be aHindu
(d)either (a) or (b) or (c). her husband has finally & completely
(b)
278. A Hindu married male having his wife renounced the world
living can make adoption (c) her husband has been declared to be a
(a) without the consent of his wife person of unsound mind by a court of
(b) with the consent of his wife competernt jurisdiction
(c) without the consent of his wife but
with the prior permission of the court (d) either (a) or (b) or (c).
(d) without the consent of the wife but to 285. If a Hindu dies leaving behind more than
one widow
her knowledge.
279. An adoption made by a Hindu male (a) all the widows together can adopt a
child
without the consent of his wife is
(a) valid (b) only the eldest can adopt a child
(b) voidable (c) each widow can adopt in the absence of
(c) void her own child
(d) invalid but can be validated. (d) only the youngest can adopt a child.
280. In an adoption made by a Hindu male the 286. The propositions are
consent of the wife can be dispensed with if I A wife can adopt to her husband.
(a) the wife has ceased to be a Hindu
II. A mother can adopt to her son
(b) the wife has finally & completely III. A sister can adopt to her brother
renounced the world
(c) the wife has been declared to be of Which of the following combination is
unsound mind by a court of competent correct in respect of the said proposition
jurisdiction (a) Iis true and II& IIare false
(d) either (a) or (b) or (c). (b) I& Ilare true and III is false
281. Capacity of a female Hindu to take in (c) I& III are true and II is false
adoption has been provided under (d) I,II & III all are true.
(a) section 7of the Hindu Adoptions and 287. A child can be given in adoption by
Maintenance Act, 1956 (a) the father
(b) section 8 of the Hindu Adoptions and (b) the mother
Mainternance Act, 1956 (c) the guardian
(c) section 9 of the Hindu Adoptions and (d) either (a)or (b) or (c).
Maintenance Act, 1956 288. In matters of giving a child in adoption,
(d) section 10of the Hindu Adoptions and father, if alive the
Maintenance Act, 1956. (a) has an absolute right to give
in
282. Who amongst the following females does adoption
not have a capacity to adopt (b) alone has the right to give in adoption
but with the consent of the mother of
(a) a married female the child
(b) an unmnarried female
(c) a widow
(c) alone has the right to give in adoption
but with the prior permission of the
(d) a divorcee. court
283. A married Hindufemale/woman
(a) can adopt with the implied consent of
her husband
Hindu Laws 447

is
(d) has a right which is co-extensive with 295. Adoption by a male Hinduwho is a mínor
the right of the mother of the child to (a) valid
give in adoption. (b) voidable
(c) void ab-initio
289. In giving a child in adoption by the father, (d) validated by ratification.
the requirement of the consent of the of section 9(2) of
mother, can be dispensed with if 296. Mother within the meaningMaintenance Act
the Hindu Adoption &
(a) the mother has finally & completely refers to
renounced the world
the natural mother
the mother has ceased to be a Hindu (a)
(b) (b) the step-mother
(c) the mother has been declared to be of both (a) and (b)
unsound mind by the court of (c)
(d) either (a) or (b).
competent jurisdiction Maintenance Act
and
(d) either (a) or (b) or (c). 297. The Hindu Adoption
child bars the giving in adoption
290. The mother has the capacity to give a (a) the only son
in adoption, if the father of the child (b) the only daughter
(a) is dead Hindu (c) both (a) and (b)
(b) has ceased to be a neither (a) nor (b).
has finally &completely agreed (d)
(c) Hindu Adoption &
either (a) or (b) or (c). 298. Section 10 of the provides for
(d) Maintenance Act, 1956
can give the child in giving in adoption
291. A guardian of a child (a) persons capable of
adoption, if persons capable of
being taken in
the child is dead
(b)
(a) the father of the child is dead adoption complied
(b) the mother
of
(c) conditions which are to be
mother of the child
both the father & the with in every adoption
(c)
are dead effects of adoption.
(d)
either (a) or (b). cannot be given
(d)
the child in 299. Who amongst the following
292. A guardian of a child can give and taken in adoption
anddumb
adoption (a) a person who is deaf
any one's permission any defect,
(a) without seeking of the
permission (b) a person suffering from
(b) with the previous disease or deformity
mind
court permission (c) a person of unsound
(c) with or without seeking the (d) none of the above.
of the court
distant relative 300. Under the Hindu law
with the consent of the
(d) of the child. (a) a person can be given in adoption only
can give the child in
once
293. A guardian of a child (b) there can be a second adoption of the
adoption
same person
(a)to anyone including himself there can be a reversion of the adopted
(b)to anyone excluding himself (c)
to anyone excluding himself & his person to the natural parents
(c)
family (d) allthe above.
(d) either (a)or (c) and not (a). 301. Section 10 of Hindu Adoptions &
294. Where achild is given in adoption by the Maintenance Act prohibits adoption of
father without the consent of the mother, (a) a married boy or girl
such adoption is (b) a boy or girl who has not completed the
(a) valid
(b) void age of 10 years
(c) voidable at the instance of the mother
(c) a boy or girl who has not completed the
(d) voidable at the instance of the father. age of 7 years
(d) allthe above.
Examination
Service
Ouestions tor Iudicial for
448 Multiple Choice or female Hindu
male
not a bar toa
(d) adoption.
302. Section 10 clause (iv) of the Hindu taking ason by following is not
a
Adoption & Maintenance Act prohibits whom of the
Existence of male or female
308.
adoption of to the right of a Hindu
bar
(a) a boy or girl who has completed the taking a son in
adoption
age of seven years
(a) daughter
(b) a boy or girl who has completed the (b) son's daughter
age of ten years adopted daughter
(c) aboy or girl who has completed the (c) all the above.
(d) Hindu
age of twelve years
male or female, under the
(d) a boy or girl who has completed the 309. A Hindu
Maintenance Act can
have
age of fifteen years. Adoption and
an adopted daughter
303. A married boy or girl or a boy or girl who (a)
(b) an adopted son
has completed the age of fifteen years can daughter and an
be adopted (c) both an adopted
(a) generally adopted son
daughter or an
(b) with the prior permission of the court (d) either an adopted
(c) if the usage or custom permits such an adopted son.
contingencies, the
adoption 310. In which of the following right to give the
(d) either (b) or (c). guardian of a child has a
304. Requisites and conditions of a valid child in adoption
adoption have been laid down in (a) where both the parents have finally
world
(a) sections 6 and 11 of the Hindu and comnpletely renounced the
Adoptions & Maintenance Act, 1956 (b) where both the parents have been
(b) sections 6 and 10 of the Hindu declared of unsound mind by the court
Adoptions & Maintenance Act, 1956 of competent jurisdiction
(c) sections 7 and 8 of the Hindu (c) where the parents have abandoned the
Adoptions& Maintenance Act, 1956 child
sections 9 and 10 of the Hindu all the above.
(d) (d)
Adoptions& Maintenance Act, 1956.
311. The mother of an illegitimate child has the
305. In case of adoption of a son, the adoptive power to give the child in adoption
father or mother must not have a living (a) only with the consent of putative father
(a) Son (b) without the consent of the putative
(b) son's son father
(c) son's son's son (c) with the prior permission of the court
(d) any of the (a), (b) and (c). (d) without the consent of the putative
306. A person who has an adopted son living father but with the prior permission of
the court.
(a) can adopt another son
(b) cannot adopt another son 312. Amongst the following who cannot be
with the consent taken or given in adoption
(c) can adopt another son
of the adopted son (a) orphans
the prior foundling
can adopt another son with
(d)
(b)
permission of the court. (c) abandoned child
illegitimate son is
(d) none of the above.
307. Existence of an taking ason by 313. Under the Hindu Adoptions and
(a) abar to a male Hindu Maintenance Act, 1956 adoption of
adoption
Hindu taking a son by (a) only one son and daughter is permitted
(b) a bar to a female (b) only one son and two daughter is
adoption and a female permitted
both to a male
a bar to (c) two Sons and two daughter is
(c)
Hindu for taking a
son by adoption permitted
Hindu Laws
449
(d) any number of sons and any
number of (c) less than eighteen years of age
daughter is permitted.
(d) less that twenty one years of age.
314. Existence of whom of the following is a bar
tothe adoption of a daughter by a Hindu 321. Adoption of adaughter by a Hindu male,
(a) an adopted daughter where the adoptive father is less than 21
(b) an adopted daughter of a son years older than the adopted daughter, the
(c) both (a) and (b) adoption shallbe
either (a)or (b). (a) valid
(d) (b) voidable at the instance of the adopted
315. Existence of an illegitimate daughter is a daughter
bar for adoption of (c) voidable at the instance of the natural
(a) adaughter by a Hindu male parents of the adopted daughter
(b) a daughter by a Hindu female (d) void/invalid.
(c) neither (a) nor (b) 322. Adoption of a son by a Hindufemale where
(d) both (a) and (b). the adoptive mother is not twenty one years
316. Existence of whom of the following is nota older than the, adopted son, such an
bar to the adoption of a daughter by a adoption shall be
Hindu (a) valid
(a) a son (b) voidable
(b) a grandson (c) void/invalid
(c) a great grandson (d) voidable but can be validated by the
COurt.
(d) all the above.
323. The expression 'child' in section 11 of the
317. In case of adoption of a daughter by a male Hindu Adoptions and Maintenance Act
Hindu, the daughter must be at least refers to a minor less than fifteen years
(a)
(a) eighteen years younger than the of age
adoptive father (b) refers to a minor less than eighteen
(b) twenty one years younger than the years of age
adoptive father (c) includes a minor as well as major
than the
(c) sixteen years younger (d) refers to a minor irrespective of his age
adoptive father and nota major.
adoptive
(d) fifteen years younger than the 324. Section 12 of the Hindu Adoption and
father. Maintenance Act, 1956, deals with
of a son by a Hindu (a) rights of adoptive parents to dispose of
318. In case of adoption
male, the son must be their properties
years of age
(a) less than twenty one (b) effects of adoption
(b) less than eighteen years of age (c) presumptions as to the documents
less than fifteen years of age
(c) relating to adoptions
(d) less than nine years of age.
(d) cancellation of adoption.
son by a Hindu
319. In case of adoption of a must be 325. On valid adoption, the adopted is to be
female, the adoptive mother deemed to be the child of his or her
one years
(a) older by more than twenty adoptive father or mother
from the son the
son (a) with effect from the date of
(b) older by eighteen years from the adoption
(c) older by sixteen years from the son
(b) with effect of his or her birth as by the
(d) older by twelve years from the son. adoption the child is deemed to be the
320. If a Hindu female intends to adopt a natural child of the adoptive parents
daughter she can adopt a female child who (c) with effect from the date determined by
is
(a) less than sixteen years of age the person giving in adoption and the
person taking in adoption
(b) less than fifteen years of age
450 Judicial Service Examination
Multiple Choice Ouestions for
person in the family of
(d) (d) can marry any
with effect from the date on which the
child attains majority. his or her adoptive parents.
326. that might have vested in the
Where the child given in adoption is less 330. Any property adoption, on adoption
than five years of age adoptee before the
the adoptee
(a) the natural mother cannot claim the (a) ceases to vest in adoptee
continues to vest in the
custody of the child at all (b) attached to the
(b) the natural mother can claim custody without any obligation
of the child upto the age of 5 yearS property
(c) the natural mother can claim the (c) continues to vest in the adoptee subject
obligation attached to
the
custody of the child under the Hinu to any
Minority and Guardianship Act property
(d) the natural mother cannot claim the (d) or cessation of property
continuation
custody of the child generally but depends on the terms of adoption.
given away
through the judicial process in 331. If a Mitakshara Co-parcener is
joint family
exceptional circumstances. in adoption, his interest in the
327. In case of adoption of a son by a Hindu property shall
adoption
widow, the adopted son shall be regarded (a) cease to exist on his together with
as (b) continue to vest in him
(a) the son of widow any liabilities attached there to
(b) the son of the deceased husband of the (C continue to vest in him but without any
liabilities attached thereto
widow
(c) the son of the widow as well as of her (d) vest in him on adoption because the
deceased husband adoption shall amount to partition in
(d) only (a) and not (b). the joint family.
328. Adoption has the effect of 332. The interest in the coparcenary property of
(a) removing the adopted child from the a Dayabhaga coparcener given in adoption
natural family into the adoptive family shall
and it does sever the tie of blood in the (a) cease to exist on adoption
family of birth in the matter of (b) continue to vest in him together with
marriage any liabilities attached thereto
(b) removing the adopted child fromn the (c) continue to vest in him but without any
liabilation attached thereto
natural family into the adoptive family
blood in (d) depend upon the agreement between
but it does not sever the tie of
of the giver and taker.
the family of birth in the matter
marriage. 333. Adoption of a son by a Hindu male
removing the adopted child
from the (a) results in divesting of an estate vested
(c) family
natural family into the adoptive
blood in the
in any person prior to the adoption
and it may sever the tie
of (b) is not to result in divesting of an estate
matter of
family of birth in the vested in any person prior to e
marriage adoption
either (a) or (c). (c) may or may not result in divesting of
(d) any estate vested in any person prior to
329. An adoptee person whomn he or adoption depending on the agreement
cannot marry any the between the parties
(a) have married in
she could not (d) may or may not result in divesting of
or her birth
family of his family of any estate vested in any person prior tO
any person in the
can marry adoption as decided by the court.
(b) generally
his or her birthperson in the family
of 334. An adopted son can challenge
can marry any only with the (a) a gift of coparcenery property by the
(c) or her birth
adoptive father
his
permission
of the court
Hindu Laws 451

(b) an alienation made by the adoptive 339. Where a widower or a bachelor adopts a
father prior to 1956 where the child and subsequently moves, the wife to
alienation was not for legal necessity whom he subsequently marries shall be
(c) both (a) and (b) (a) the adoptive mother of the child
(d) only (b) and not (a). (b) the step-mother of the child
Under section 13 of the Hindu Adoptions (c) the natural mother of the child
335. (d) either (a) or (b).
and Maintenance Act, 1956, on agreement
restricting the power of, alienation of 340. VWhere a widow or an unmarried woman
property, the adoptive parents is adopts a child and subsequently marries,
(a) valid the husband to whom she subsequently
remarries/marries shall be
(b) voidable at the instance of the adoptive
parents (a) the step-father of the child
(c) voidable at the instance of the person (b) the adoptive father of the child
(c) the natural father of the child
in whose favour the property has ben either (a) or (b).
alienated (d)
void. 341. Hindu & Maintenance Act,
Adoptions
(d) of
section 14, provides for the relationship
336. Under section 13 of Hindu Adoptions and
Maintenance Act, 1956, on adoption the adopted child with
(a) the existing spouse of the adopter
(a) the adoptive parents are deprived of (b) the future spouse of the adopter
their right/power to dispose of their the ex-spouse of the adopter
(c)
property by transfer intervivos both (a) and (b), and not (c).
(d)
(b) the adoptive parents are deprivedtheir of to
relating
their rights/power to dispose of 342. Registration of documents
property by will adoption is
deprived (a) compulsory
(c) the adoptive parents are not of their (b) optional
of their rights to dispose
inter-vivos or by neither compulsory nor optional
property by transfer
(c)
to an either (a) or (b).
(d)
will but the same is subject the Adoptions and
agreement to the contrary
between 343. Section 16 of Hindu
natural Maintenance Act relates to
parents and the
adoptive
parents (a) a rebuttable presumption of law
(d) both (a) and (b). (b) an irrebutable presumption of law
who has a wife living (c) a presumption of fact
337. Where a Hindu either (a) or (c).
adopts a child, the
said wife is called (d)
(a)
of the child
the natural mother 344. Under section 16 of Hindu Adoptions &
of the child
the adoptive mother child
Maintenance Act, the presumption is a
(b) the
(c) the step mother of regards
(d) either (b) or (c). (a) making of reward in consideration of
than one wife and adoption
338. Where a Hindu has more
their consent agreement of adoption
adoption has been made with (b)
made in
(a) all of them shall be called the adoptive (c) adoption having been
mothers of the child compliance with the provision of the
(b) all of them shall be called the step Act
mothers of the child (d) all the above.
(c) all of them shall be called the natural
mothers of the child
345. The provision for maintenance of a wife
who lives with her husband has been made
(d) the senior most in marriage shall be under
called the adoptive mother and the (a) section 18(1) of Hindu Adoptions &
others shall be called stepmothers of Maintenance Act
the child.
452
Iudicial Service Examination
Multiple Choice Ouestions for
disease
(b) (c) suffering from venereal
section 18(2) of Hindu Adoptions & (c).
Maintenance Act (d) either (a) or (b)or Adoptions &
(c) section 18(3) of Hindu Adoptions & 352. Section 18(2) of Hindu for
Maintenance Act Maintenance Act, 1956, provides
maintenance to a
(d) all the above. separate residence and
346. The obligation of the husband to maintain wife if the husband
his wife is (a) has any other wife living same house in
(a) co-extensive with property (b) keeps a concubine in the
(b) a personal obligation which his wife is living
(c) both (a) and (b) (c) either (a) or (b)
(d) either (a) or (b). (d) only (b) and not (a).
following cases the
347. The contngencies in which the wife is 353. In which among the that "the
entitled to live separately and entitled to Supreme Court held
generalisation is that in case of custody
of
maintenance from her husband, have been
preferred than
provided under child, the mother is to be
(a) section 18(3) of Hindu Adoptions & father" is not correct
Maintenance Act, 1956 (a) Kumar V. Jahgirdar v. Chettana Ramtirth,
(b) section 18(1) of Hindu Adoptions & AIR 2004 SC1525
Maintenance Act, 1956 (b) Channan Kumar v. Parhar Singh, AIR
(c) section 18(2) of Hindu Adoptions & 2004 SC 1525
Maintenance Act, 1956 (c) Dasarathi Nayak v. Choula Mandal, AIR
(d) both (a) and (c) above. 2004 SC 1525
348. A Hindu wife is not entitled to separate (d) Dandapani v. Prema, AIR 2004 SC 1525.
residence and maintenance from her 354. Under the Hindu Adoptions & Maintenance
husband if she is Act, the obligation to maintain an

(a) unchaste illegitimate child is on


(b) ceases to be a Hindu by conversion (a) the father
(c) both (a) and (b) (b) the mother
(d) either (a) or (b). (c) both the father and the mother
349. The forumfor an application for (d) only the mother and not the father.
maintenance under section 18 of Hindu 355. An illegitimate son of a Hindu is entitled to
Adoptions & Maintenance Act, 1956 is maintenance during his
(a) the Civil Court (a minority
(b) the Matrimonial Court (b) majority till marriage
the High Court (c) life time
(c)
(d) the Criminal Court. (d) either (b) or (c).
Adoptions 356. Section 19 of Hindu
350. Under section 18(2) of the Hindu Adoptions &
wife is entitled Maintenance Act, 1956, provides
& Maintenance Act, 1956, a maintenance, if maintenance of
for
and
to separate residence (a) wife
the husband is guilty of (b) children
(a) desertion (c) parents
(b) cruelty (d) widowed daughter-in-law.
conversion to another religion
(c) 357. Obligation to maintain the aged or infirm
or (b) or (c).
(d) either (a) residence parents under section 20 of Hindu
wife is entitled to separate Adoptions & Maintenance Act is on
351. The m a i n t e n a n c e if the husband is under the Hindu male
& (a)
and
of the Hindu Adoptions (b) the Hindu female
section 18(2)
Maintenance Act, 1956 (c) both the Hindu male and female
leprosy
virulent from of (d) only (a) and not (b).
suffering from
(a) adrunkard
(b)
Hindu Laws
453
358. Under the Hindu Adoptions & Maintenance
(c) a major son
Act, an illegitimate daughter can claim (d) both (b) and (c).
maintenance from her
(a) putative father 364. Who amongst the following is a dependant
natural mother of a deceased Hindu within section 21 of
(b)
(c) only (b)and not (a) Hindu Adoptions &Maintenance Act, 1956
(d) both (a) and (b). (a) an illegitimate minor son
(b) an illegitimate unmarried minor
a59. Father-in-law's obligation to maintain the daughter
daughter-in-law is (c) an illegitimate unmarried major
(a) apersonal obligation aughter
(b) co-extensive with the ancestral (d) all the above.
property in the hands of father-in-law 365. Dependents' ofa deceased under section 21
(c) co-extensive with the personal property of Hindu Adoptions & Maintenance Act
of the father-in-law include
(d) both (b) and (c). (a) widowed daughter
360. Sections 18, 19 and 20 of the Hindu (b) widow of a pre-deceased son
Adoptions and Maintenance Act, 1956 (c) widow of a son of a predeceased son
provide for right of maintenance against (d) all the above.
(a) an existing person 366. Which of the following females is not a
(b) a deceased person dependant of the deceased under section 21
(c) adeceased's estate of Hindu Adoptions & Maintenance Act
(d) all the above. (a) unmarried daughter of a predeceased
Or a predeceased son of a
361. Under Chapter II of the Hindu Adoptions
Son
predeceased son
& Maintenance Act, 1956, the persons who unmarried daughter of a predeceased
been (b)
are dependants of the deceased have son or a predeceased son
mentioned in
section 23 (c) unmarried daughter of a predeceased
(a) SOn
(b) section 22
section 21 (d) unmarried daughter.
(c) 367. Who amongst the following is not a
section 20.
(d)
Adoptions
362. Under section 21 of the Hindudependants
dependant of a deceased Hindu under
section 21 of Hindu Adoptions &
and Maintenance Act, 1956, the Maintenance Act, 1956
claim to maintenance is against
(a) the person
(a) grand father and grand mother
to the (b) father and mother
(b) the estate and not restricted
extent to which the heir has the estate (c) widow till re-marriage
in his or her hand (d) both (a) and (c).
(c) the estate and restricted to 3/4 of the 368. A widow is entitled to maintenance
estate of the deceased which the heir (a) only if she resides with the family
has in his or her hand
relatives of her husband
(d) the estate and is limited to the extent to (b) if she does not reside with the relatives
which the heir has the estate of the of her husband
deceased in his or her hand.
(c) either (a) or (b)
363. Who amongst the following is not a (d) only (a) and not (b).
dependant of a deceased Hindu within
section 21 of Hindu 369. The claim of maintenance of daughters
Adoptions & under section 21 of Hindu Adoptions &
Maintenance Act, 1956
(a) a minor son Maintenance Act, 1956, is limited to their
(b) a minor son of a predeceased son (a) minority
(b) maidenhood
Examination
Service
Choice Questions
for Judicial
Multiple Adoptions &
454
(c) section 24 of Hindu
Mainternance Act, 1956
(c) majority upto 21 years of age section 25 of Hindu
Adoptions &
(d) majority upto 20 years of age. section (d) Maintenance Act, 1956.
dependant under
370. A person who is a Maintenance Act, maintenance fixed under the
21 of Hindu Adoptions & and gets a share Amongst of
374.
Hindu Adoptions & Maintenance Act, 1956
1956 and also a class I heir subsequently, by virtue of
in the deceased's estates as heir, is can be altered
maintenance as section 25
(a) entitled to claim (a) section 24
dependant (b)
maintenance as
(b) not entitled to claim (c) section 23(2)
dependant
entitled to claim maintenance with the
(d) section 23(3). Adoptions and
(C Hindu
consent of other heirs 375. Under section 25 of the amount of
Maintenance Act,
(d) entitled to claim maintenance through maintenance once fixed
the judicial process. cannot be altered
371. The liability of heirs who take the property (a) there is no
(b) can be altered even if
of the deceased to provide maintenance to change in the circumstances
dependants is can be- altered subsequently only if
(c) the
(a) a joint liability there is a material change in
(b) individual liability and is unlimited circumstances
(c) individual liability of each heir in the court has the discretion to alter
the
proposition of the value of the share of (d)
the estate taken by him same irrespective of the attending
circumstances.
(d) either (a) or (b).
Hindu 376. The amount of maintenance which can be
372. A dependant under section 21 of altered under section 25 of Hindu
Adoptions & Maintenance Act, 1956, who
the Adoptions & Maintenance Act, 1956
has taken a share/part of the estate of
deceased is (a) must be the one fixed by a decree of
contribute towards the Court
liable to
(a) (b) must be the one fixed by agreement
maintenance of any other dependant
who has not obtained any share/part (c) either by a decree of court or by
in the estate of the deceased agreement
not liable to contribute towards the (d) only (a) and not (b).
(b)
mainternance of any other dependants 377. Section 26 of Hindu Adoptions and
who has not obtained any part in the Maintenance Act, 1956 provides
estate of the deceased (a) priority of the claims of the dependants
contribute towards the for maintenance over the debts
liable to
(c)
maintenance of any other dependarnt contracted by the deceased
estate only to (b) priority to the debts contracted/
not getting a share in the
remainder shall not payable by the deceased over the claim
the extent that the
maintenance to him as of the dependarnts for mnaintenance
be less than the
(c) the debts contracted/payable by the
a dependant deceased shall stand on the same
neither (a) nor (c).
(d) only (b) andf o r a s s e s s m e n t of the footing as the claim of dependants for
maintenance
have been set out
373. Consideration

quantum of maintenance (d) only the secured debts shall have


priority over the claim of the
in Hindu Adoptions & dependants for mnaintenance.
section 22 of maintenance, under
(a) Maintenance Act, 1956
Adeptions & 378. A dependants claim for
23 of Hindu section 27 of Hindu Adoptions &
section
(b) Maintenance Act, 1956 Maintenance Act, 1956,is
Hindu Laws
455

(a) charge over the self acquired 384. One person is said to be an agnate of
property of a Hindu another if
() a charge over the joint-family property (a) two are related by blood or adoption
of a Hindu
wholly through males
(c) a charge over both self acquired and (b) two are related by blood or adoption
the joint family property but not wholly through males
(d) not a charge over the property of a (c) two are related by blood or adoption
Hindu unless specifically created. wholly through females
79, A charge over the property of a Hindu, for (d) two are related by blood or adoption
the claim of dependants for maintenance but not wholly through females.
can be created by 385. 'Agnate' has been defined under
(a) the will (a) section 3(d) of Hindu Succession Act
(b) adecree of court (b section 3(b) of Hindu Succession Act
(c) agreement between the dependant and (c) section 3(a) of Hindu Succession Act
the owner (d) section 3(e) of Hindu Succession Act.
either (a) or (b)or (c). 386. Section 3(c) of Hindu Succession Act
(d)
defines
380. The right to maintenance, on transfer of
property is defeated if (a) agnate
consideration and (b) cognate
(a) the transfer is for full blood
without notice of the right (c)
(d) halfblood.
(b) the trarnsfer is consideration but with
notice of the right 387. Cognate - A person is said to be a cognate
of another if
(c) the transfer is gratuitous blood
the transfer is without
consideration (a) two are related to each other by
(d) males
or adoption wholly through by blood
and without notice of the right. two are related to each other
Vallattom v. Union of India,
(b)
381. In case of John discussed the or adoption wholly through females
(2003), the Supreme Court of the Indian (c) two are related to each other by blood
constitutionality of section
118
the light of or adoption but not wholly through
Act, 1925
Succession in males
1956
(a) Hindu Succession Act, (d) both (a) and (b).
1882
b Transfer of Property Act, Maintenance 388. Under the Mitakshara school, the joint
Hindu Adoptions and
(c)
Act, 1956
family property devolves by
Property Act, (a) succession
(d) Hindu Disposition of (b) survivorship
1916. (c) both (a) and (b)
Succession Act, 1956 extends to
382. The Hindu except the State of (d) either (a) or (b).
the whole of India
(a) Jammu and Kashmir 389. The mode of devolution bysurvivorship in
the whole of India except
the north respect of Mitakshara joint family property,
Hindu
(b) has been retained under the
eastern States
State Succession Act, 1956 under
(c) the whole of India including the section 3
of Jammu and Kashmir (a)
(d) the whole of India including the north (b) section 4
eastern States. (c) section5

383. The Hindu Succession Act came into


force (d) section 6.
On 390. Proviso to section 6 of the Hindu Marriage
(a) 17th March, 1956 Act applies when a Hindu male dies leaving
(b) 17th June, 1956 behind
(c) 17th September, 1956 (a) a female relative specified in class Iof
(d) 17th December, 1956. the Schedule

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