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ToggleComplete Questions on HA&MA, 1956 with their answer: –
Questions
1 A Hindu may be:
(a) Buddhist
(b) Jain
(c) Arya Samaji
(d) All the above
2 Who is a Hindu among the following?
(a) A legitimate child of Sikh male and Jain female
(b) An illegitimate child of Sikh male and Jain female
(c) An illegitimate child of Hindu male and Parsi female and who was brought up as a Hindu
(d) All of the above
3 Which one of the following is not included in the term ‘Hindu’ used in Hindu Marriage Act, 1955?
(a) Sikhs
(b) Jains
(c) Parsis
(d) Buddhist
4 Is the follower of the Brahmo, Prathana or Arya Samaj also considered as Hindu?
(a) Yes
(b) No
(c) Can’t say
(d) None of the above
5 Who out of the following is not a Hindu under the Hindu Marriage Act, 1955?
(a) A legitimate child whose father is a Hindu and mother a Parsi and he is brought up as a family member of the latter
(b) An illegitimate child, whose father is a Sikh and mother a Buddhist
(c) A re-convert by Buddhism
(d) A Virashaiva by religion
6 Hindu Law is not applicable in which of the following cases?
(a) Any person who is a Hindu, Jain, Sikh or Buddhist by religion
(b) Any person who is born of Hindu parents
(c) Any person who is not a Muslim, Christian, Parsi or Jew
(d) Members of the Scheduled Tribes coming within clause (25) of Art. 366 of the Constitution
of India
7 Hindu law does not apply to a person who is a Hindu by:
(a) Birth
(b) Conversion
(c) Re-conversion
(d) None of the above
8 Who is not a guardian according to Section 4 of the Hindu Minority and Guardianship Act, 1956?
(a) Natural Guardian
(b) Testamentary Guardian
(c) Ad-hoc Guardian
(d) A person empowered to act as guardian under any enactment relating to any court of ward
9 Under Hindu Law, Who is natural guardian of a married minor girl?
(a) Father-in-law
(b) Mother
(c) Father
(d) Husband
10 Under Hindu Law a mother, in the absence of her son’s father, sells her minor son’s immovable
property. The minor son, on attaining majority, can challenge this transaction:
(a) On the ground of not taking permission from the court
(b) As the transaction was not done by his father
(c) As no such transaction can be done for minor son
(d) But he will be unsuccessful because the transaction is valid
11 The principles in the case of Jijabai Vithalrao Gajre v. Pathan Khan (AIR 1971 SC315) are related with:
(a) Dissolution of Marriage
(b) Succession
(c) Adoption
(d) Minority and Guardianship
12 The custody of a child under the age of …………….. years ordinarily lies with the mother under Section 6 of the Hindu Minority and Guardianship Act, 1956.
(a) 3 (b) 4
(c) 5 (d) 6
13 Who is the natural guardian of a minor under Section 6 of the Hindu Minority and Guardianship Act?
(a) Mother only
(b) Father only
(c) Mother and father both as per the case
(d) Grandmother and Grandfather
14 Testamentary guardians can be removed in accordance with which of the following provisions?
(a) Section 39 of the Guardians and Wards Act
(b) Section 9 of the Hindu Minority and Guardianship Act
(c) Section 19 of the Hindu Marriage Act
(d) All of the above
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15 Section 8 of the Hindu Minority and Guardianship Act, 1956 deals with the?
(a) Defacto guardian
(b) Natural guardians of a Hindu minor
(c) Powers of natural guardian
(d) Welfare of the child
16 According to Section 6 of the Act, the disabilities to act as a natural guardian may arise from the following reasons-
(a) Disabilities arising from apostacy
(b) Disabilities arising from civil death
(c) Disabilities owing to minority
(d) All of the above
17 Under Hindu Law which of the following is correct:
(i) A mother cannot be the natural guardian of a minor during lifetime of the father
(ii) After father’s death grandfather is natural guardian of the minor
(iii) Maternal uncle would be guardian after father and grandfather
(iv) Elder-brother would be guardian after father and grandfather
(a) (i) and (iii) are true (b) (ii) and (iv) are true
(c) All are true (d) None of the above
18 The question of appointment by the court of a guardian can be considered on the application of:
(i) the person desirous of being or claiming to be the guardian of the minor or;
(ii) any relative or friend of the minor; or
(iii) the Collector of the district or other local area in which the minor ordinarily not resides
(iv) if the minor belongs to a class, the Collector who has authority with respect to that class In the above cases, who can apply for an appointment as guardian?
(a) (i), (ii), (iii) only
(b) (i), (ii), (iii), (iv) all
(c) (i), (ii), (iv) only
(d) (i), (ii) only
19 Who is a de facto guardian of a minor?
(a) Legal guardian
(b) Testamentary guardian
(c) Guardian appointed by court
(d) Neither a legal guardian, nor a testamentary guardian, nor a guardian appointed by the court, but he is a person, who himself takes over the management of the affairs of the minor, as if he was a natural guardian
20 Which section deals with the “de facto guardian not to deal with minor’s property”?
(a) Section 11 (b) Section 12
(c) Section 13 (d) Section 14
21 In which of the following case, it was held by Madras High Court that “de facto guardian is in juxtaposition
to de jure guardian. Both are related to the minor in the normal course not casually”?
(a) Sri Aurobindo Society Pondicherry v. Ramdaso Naidu
(b) SL Mohini v. Virendra Kumar
(c) Both A and B
(d) None of the above
22 The Hindu Minority and Guardianship Act, 1956 is not applicable to:
(a) Scheduled Tribes, unless notified by Central Government
(b) Jains
(c) Renoncants of the Union Territory of Pondicherry
(d) Both (A) and (C) above
23 Welfare of minor to be paramount consideration has been provided in:
(a) Section 13 of the Hindu Minority and Guardianship Act, 1956
(b) Section 6 of the Hindu Marriage Act, 1955
(c) Section 6 of the Hindu Adoptions and Maintenance Act, 1956
(d) Section 6 of the Hindu Minority and Guardianship Act, 1956
24 Who becomes the guardian of illegitimate children on the mother’s death?
(a) Uncle (b) Grandfather
(c) Father (d) None of the above
25 “Guardian not to be appointed for minor’s undivided interest in joint family property” is provided under which of the following sections of the Hindu Minority and Guardianship Act, 1956?
(a) Section 12 (b) Section 13
(c) Section 14 (d) Section 15
26 Who shall be incompetent to act as guardian of the property of any minor as per section 10 of the Hindu Minority and Guardianship Act, 1956?
(a) Insolvent (b) A minor
(c) Unsound mind (d) Infirm
27 Who shall be competent to appoint a guardian in respect of a minor’s undivided interest in joint family property under the Hindu Minority and Guardianship Act, 1956?
(a) Supreme Court (b) District Court
(c) High Court (d) None of the above
28 The Hindu Adoption and Maintenance Act, 1956 applies to:
(a) A Buddhist by religion
(b) A Jew by religion
(c) A Chritian converted to Hindu religion
(d) Both (a) and (c)
29 Following have the right to maintenance under the HA & MA 1956?
(a) Wife, widowed daughter-in-law, legitimate child
(b) Wife, widowed daughter-in-law, legitimate or illegitimate child
(c) Wife, widowed daughter-in-law, legitimate child, infirm parents
(d) Wife, widowed daughter-in-law, legitimate or illegitimate child and infirm parents
30 According to the Hindu Adoption and Maintenance Act, 1956, ‘minor’ means a person who has not
completed the age of:
(a) 14 years
(b) 16 years
(c) 18 years
(d) 21 years
31 Adoption is not recognized under the-
(a) Muhammadan Law
(b) Parsi Law
(c) Both (a) and (b)
(d) Neither (a) and (b)
32 No adoption shall be made after the commencement of Hindu Adoption and Maintenance Act by or to a Hindu except in accordance with the provisions contained in Chapter II, and any adoption made in
contravention of the said provisions shall be:
(a) void
(b) valid
(c) irregular
(d) none of the above
33 Adoption should be regulated as per which section of the HA & MA 1956?
(a) Section 4
(b) Section 5
(c) Section 6
(d) Section 7
34 Under the HA & MA 1956 the requisites of a valid adoption have been laid down in
(a) Section 6
(b) Section 5
(c) Section 4
(d) Section 7
35 According to Hindu Adoption Laws, which categories of females are permitted to adopt a child:
(a) Unmarried female
(b) Married female
(c) Widow or divorce
(d) All of the above
36 The adoptions which were lawful under the prior law, but are not valid under the Act are deemed to be:
(a) Valid
(b) Void
(c) Invalid
(d) None of the above
37 Which one of the following sections of the Hindu Adoption and Maintenance Act, provides capacity to take in adoption a child to a female Hindu?
(a) Section 3
(b) Section 4
(c) Section 7
(d) Section 8
38 One of the following is not a condition for determining the capacity of a male Hindu to adopt?
(a) Consent of wife under certain circumstances
(b) Majority
(c) Soundness of mind
(d) Must be necessarily married
39 Under the Hindu Adoption and Maintenance Act, 1956, Capacity of a male Hindu to take in adoption
have been laid down in-
(a) Section 6
(b) Section 5
(c) Section 7
(d) Section 9
40 Which one of the following is not correct? Under Hindu Law, a person can be adopted if he is:
(a) Hindu
(b) Unmarried
(c) Above fifteen years of age
(d) Not already adopted
41 In case of adoption of a son by a Hindu male, the son must be-
(a) Less than 21 years of age
(b) Less than 18 years of age
(c) Less than 15 years of age
(d) Less than 9 years of age
42 A boy or girl of 16 years of age may validly be taken into adoption:
(a) By operation of law
(b) By contract between the parties
(c) By consent of the child
(d) If the custom or usage applicable to the parties so permit
43 Which section of the Hindu Adoption and Maintenance Act, 1956 facilitates a guardian to give
his ward in adoption?
(a) Section 9(1)
(b) Section 9(2)
(c) Section 9 (3)
(d) Section 9(4)
44 Find the incorrect one:
(a) A hindu can adopt a son if he has no hindu son, son’s son, son’s son’s son living at the time of adoption
(b) A hindu can adopt a daughter if he has no hindu daughter or son’s daughter living at the time of
adoption
(c) A child can be simultaneously adopted by two or more persons
(d) The age of the child at least 21 years older than the person adopted
45 Other conditions for valid adoption are provided under which section of the Hindu Adoption and
Maintenance Act, 1956?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 15
46 As per Hindu Adoption and Maintenance Act, 1956, Find out the correct options:
(a) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother
(b) Where an adoption has been made with the consent of more than one wife, the senior most in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers
(c) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child
(d) All of the above
47 Under Hindu Adoption and Maintenance Act, 1956, is the performance of datta homam essential to
validate the adoption?
(a) Yes
(b) No
(c) May be
(d) None of the above
48 Laxmi Kant v. Union of India (1987) case is related to:
(A) Adoption of children by foreigners
(B) Adoption of son of two fathers
(C) Adoption by female
(D) Adoption by male
49 Children born to adoptee before his adoption entitled to inherit his property in adoptive family is decided by SC in which of the following cases:
(A) Kalindi Damodar Garde (D) v. Manohar Laxman Kulkarni
(B) Seema Kumar v. Ashwini
(C) Dastane v. Dastane
(D) none of the above
50 Prohibition of certain payments is provided under which of the following sections of the HAMA?
(A) Section 15
(B) Section 16
(C) Section 17
(D) Section 18
51 With reference to Hindu Adoptions and Maintenance Act, 1956. Choose the correct option about valid adoption :
(a) Once made, can be cancelled by mutual agreement between them.
(b) It can never be cancelled by the adoptive father or mother or any other person but the adopted child can renounce his or her status as such and return to the family of his birth.
(c) It can never be cancelled by the adoptive father or mother or any other person nor can the adopted child renounce his or her status as such and return to the family of his birth.
(d) It would depend upon the facts and circumstances of the case.
52 Under Hindu Adoption & Maintenance Act, 1956 mandatory requirement for adoption of a child is:
(A) Giving and taking
(B) Datta Homan (Hawan)
(C) Both (a) and (b)
(D) None of the above
53 Under HAMA–A Hindu woman aged twenty years adopts a Hindu boy aged twenty years. The adoption is:
(A) Void
(B) Voidable at the instance of the boy
(C) Immoral and unenforceable
(D) Valid, if taken with leave of court
54 Under HAMA–Who is eligible to adopt a son?
(A) Who has one natural son
(B) Who already has one adopted son
(C) Who has no son either natural born or adopted
(D) All of the above
55 Under the Hindu Adoption and Maintenance Act, a mother is-
(a) Entitled to live along with her son’s family
(b) Not entitled to live along with her son’s family
(c) Morally entitled to her son’s care
(d) Entitled to have separate accommodation from her
son
56 Under the Hindu Adoption and Maintenance Act, A Hindu wife shall not be entitled to separate residence and maintenance from her husband-
(a) if her husband ceases to be Hindu by conversion to another religion
(b) if he is suffering from a virulent form of leprosy
(c) if she ceases to be a Hindu by conversion to another religion
(d) if he has a wife living.
57 Under the Hindu Adoption and Maintenance Act, A Hindu father-in-law is bound to maintain widowed daughter-in-law if:
(a) she is having no property or income
(b) she is unable to obtain maintenance out of estate of deceased husband
(c) she cannot obtain maintenance from children
(d) all of the above
58 Under Section 20 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound to
maintain:
(a) aged parents
(b) legitimate children
(c) illegitimate children
(d) all the above
59 Under the Hindu Adoption and Maintenance Act, a father-in-law is bound to provide maintenance to his widowed daughter-in-law:
(a) out of his own resources
(b) if the daughter-in-law is not remarried
(c) out of coparcenary property in his possession
(d) she is unable to get maintenance from her father
60 A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in- law
under:
(a) Section 10 of the Hindu Succession Act, 1956
(b) Section 24 of the Hindu Marriage Act, 1955
(c) Section 25 of the Hindu Marriage Act, 1955
(d) Section 19 of the Hindu Adoption and Maintenance Act, 1956
61 Which one of the following Sections of the Hindu Adoptions and Maintenance Act, 1956 defines
“dependants”?
(a) Section 24
(b) Section 23
(c) Section 22
(d) Section 21
62 Who amongst the following is not a dependent of a deceased Hindu under Section 21 of the Hindu
Adoption and Maintenance Act, 1956?
(a) Grandfather and grandmother
(b) Father and mother
(c) Widow till remarriage
(d) Unmarried daughter
63 Widowed daughter-in-law shall be entitled, under Section 19 of the Hindu Adoption and Maintenance Act, to obtain maintenance from-
(a) The estate of her husband
(b) The estate of her parents
(c) The estate of father-in-law
(d) The estate of mother-in-law
64 The provision for the maintenance of illegitimate children of a Hindu is contained in:
(a) Section 18 of the Hindu Adoption and Maintenance Act
(b) Section 19 of the Hindu Adoption and Maintenance Act
(c) Section 20 of the Hindu Adoption and Maintenance Act
(d) Section 21 of the Hindu Adoption and Maintenance Act
65 Maintenance application under Section 18 (2) of the Hindu Adoption and Maintenance Act is filed in:
(a) Matrimonial court
(b) District court
(c) High Court
(d) Any of the above
66 Under HAMA, till what period the husband has to maintain his divorced wife.
(a) Till death
(b) Upto 3 years
(c) Until she remarries
(d) Upto 10 years
67 Right conferred by section 24 of Hindu Marriage Act, 1955 can be availed of:
(a) by the husband
(b) by the wife
(c) both by the wife and the husband
(d) only by the wife and not the husband
68 Under HMA, Relief of permanent alimony:
(a) is independent of the claim of the substantive relief
(b) is incidental to the grant of the substantive relief
(c) is independent of the grant of the substantive relief
(d) either (b) or (c)
69 Which of the following propositions with regard to an application under Section 25 of the Hindu Marriage Act, 1955 is incorrect?
(a) An application under Section 25 can be made before passing of the decree under Section 13(1)(2).
(b) An application under Section 25 can be made at the time of passing of the decree under Section of the Hindu Marriage Act, 1955.
(c) An application under Section 25 can be made subsequent to the passing of the decree in a petition under section 13(2)(iv).
(d) An application under Section 25 can be made subsequent to dismissal of the petition for divorce under Section 13(1)(i-a).
70 Under Hindu Law a mother, in the absence of her son’s father, sells her minor son’s immovable property. The minor son, on attaining majority, can challenge this transaction:
(a) On the ground that transaction was made without the permission of the court
(b) No such transaction can be done for minor son
(c) Transaction was not done by his father
(d) His mother cannot do such transaction on his behalf
71 Match List I and List II as per the provisions of maintenance under HAMA. 1956, and select the
correct answer by using the codes given below the
lists:
List I List II
(A) Wife (i) Section 20
(B) Widowed (ii) Section 18
Daughter-in-Law
(C) Children and aged (iii) Section 19
parents
(D) Dependents (iv) Section 22
Code:
A B C D
(ii) (iii) (i) (iv)
(iv) (iii) (ii) (i)
(iii) (ii) (i) (iv)
(i) (ii) (iii) (iv)
72 Under which section of the Hindu Adoption and Maintenance Act, 1956, a dependant’s claim for maintenance under the Act, can be created as a charge on the estate of the deceased?
(a) section 25
(b) section 26
(c) section 27
(d) section 28
73 Who amongst the following is not a dependant of a deceased Hindu under Section 21 of the Hindu Adoption and Maintenance Act, 1956?
(a) Widow till remarriage
(b) Father and mother
(c) Great grandfather and uterine brother
(d) Unmarried daughter
Answer: –
- D
- D
- C
- A
- A
- D
- D
- C
- D
- A
- D
- C
- C
- A
- C
- D
- D
- C
- D
- A
- A
- D
- A
- C
- A
- B
- C
- D
- D
- C
- C
- A
- B
- A
- D
- A
- D
- D
- C
- C
- C
- D
- A
- C
- B
- D
- B
- A
- A
- C
- C
- A
- A
- C
- C
- C
- D
- D
- C
- D
- D
- A
- C
- C
- B
- C
- C
- B
- D
- A
- A
- C
- C
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