Daily Static MCQs for Judiciary Prelims Exams - (8 November 2023)
Question/ Answer
Question1:- Which of the following statement is incorrect?
1. An adopted child shall be deemed to the child of his/her parents for the purposes with effect from the date of the adoption
2. An adopted child shall be divested of property vested in him before the adoption
3. An adopted child shall not divest any person of any estate vested in him/her before the adoption
4. Where a bachelor adopts a child, any wife whom he subsequently marries shall be the step mother of the adopted child
Answer is 2 is correct. A child adopted is not divested of his property which was vested in him prior his adoption and he continues to hold that property in his name as per the provision of Section 12(c) of Hindu Adoption and Maintenance Act 1956. Therefore option (2) is the correct answer.
Question2:- Under Hindu Law an unmarried woman adopts a child, later on she gets married. The husband shall be deemed to be a?
1. Natural father of her child
2. Adopted father of her child
3. Step father of her child
4. None of the above
Answer is 3 is correct. Adoption made earlier & subsequently marriage by a person, the person to whom she is married is called to be step father as per Section 14(3) of Hindu Adoption and Maintenance Act 1956. Therefore option (3) is the correct answer.
Question3:- Which of the following is an incorrect statement?
1. The husband is the natural guardian of a Hindu married girl
2. After the adoption of Hindu minor son, his relations continues to remain with his natural guardian till he attains majority
3. The natural guardian of a Hindu minor child is the father, and after him the mother, but custody of minor upto the age of five years shall ordinarily be with the mother
4. The natural guardian of an illegitimate Hindu minor boy is the mother, and after her, the father
Answer is 2 is correct. Section 12 of Hindu Adoption and Maintenance Act, 1956 provides from the date of adoption and all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. Therefore option (2) is the correct answer.
Question4:- In Islamic Law a bequest to an hier ?
1. Cannot be made at all
2. Can be made with subject to consent of other heir
3. Can be made without the consent of other heir
4. Can be made if senior most heir consents to it
Answer is 2 is correct. 1/3rd rule will be applicable in cases where a Muslim bequeaths to an heir. If the bequest is more than the prescribed 1/3rd then in that case consent of other heir is required. Therefore option (2) is the correct answer.
Question5:- 'A' creates a waqf for Rs. 40,000 for 25 years in Muslim Law. The waqf is?
1. Voidable
2. Invalid
3. Void
4. Valid
Answer is 3 is correct. Waqf means dedication in perpetuity of some specific property for pious purpose according to Sec. 2(1) of the Mussalman Waqf Validating Act 1913. Waqf means the permanent dedication by a person professing the Muslim faith, of any property, for any purpose recognized by the Muslim as religious, pious or charitable. Thus one of essential condition of waqf is permanent dedication of property. In present case a creats a Waqf Rs. 40,000 for 25 years it is not permanent dedication hence void. Therefore option (3) is the correct answer.
Question6:- Doctrine of 'cypres' is related with?",
1. Dower
2. Gifts
3. Marriage
4. Wakfs
Answer is 4 is correct. Doctrine of cypress means if nature and un- derstanding of it is not determined, it will be determined as for the benefit of public stands and only relates to wakfs property. Therefore option (4) is the correct answer.
Question7:-Within the meaning of Section 51 of the Transfer of Property Act 1882 the transferee?
1. Is not entitled to value of improvements
2. Is entitled to value of improvements
3. Has conditional entitlements to value of improvements
4. None of these
Answer is 2 is correct. According to Section 51 TPA, when the transferee of immovable property makes any improvement in the property believing in good faith that he is absolutely entitled thereto and he subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction as per Section either to have the value of the improvement estimated. Therefore option (2) is the correct answer.
