The Hindu Succession Act, 1956 as amended by the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 & the Hindu Succession (Amendment) Act, 2005 — MCQs

All questions with answers and explanations

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1. Section 2 of the Hindu Succession Act, 1956 applies to:

   • Only Hindus by religion
   • Hindus, Buddhists, Jains and Sikhs, and anyone not shown to be governed by another law (correct answer)
   • All Indian citizens
   • Only Hindus who have registered under the Act

   Explanation. Section 2 extends the Act to Hindus, Buddhists, Jains and Sikhs, and to anyone not shown to be governed by another personal law.

2. Before the 2005 Amendment, agricultural land was excluded from the Act by which provision?

   • Section 6
   • Section 4(2) (correct answer)
   • Section 23
   • Section 30

   Explanation. Section 4(2), since omitted by the 2005 Amendment, originally excluded agricultural land governed by State tenancy legislation.

3. Which section preserves a Hindu's right to make a will?

   • Section 8
   • Section 15
   • Section 30 (correct answer)
   • Section 25

   Explanation. Section 30 preserves every Hindu's right to dispose of property by will, overriding the intestate rules.

4. The 2005 Amendment's change to Section 23 concerned:

   • Widow's remarriage
   • Daughter's right to seek partition of the dwelling house (correct answer)
   • Agricultural land
   • Testamentary succession

   Explanation. Section 23, since omitted, had postponed a daughter's right to seek partition of a family dwelling house; the 2005 Amendment removed this restriction.

5. In Vineeta Sharma v. Rakesh Sharma (2020), the Court held that a daughter's coparcenary right under Section 6:

   • Requires the father to have been alive on 9 September 2005
   • Arises by birth, regardless of the father's survival to 2005 (correct answer)
   • Applies only to daughters born after 2005
   • Requires a court declaration to take effect

   Explanation. Vineeta Sharma held the daughter's right arises by birth and does not depend on the father-coparcener being alive on 9 September 2005.

6. Which two decisions did Vineeta Sharma reconcile the conflict between?

   • Chander Sen and Gurupad
   • Tulasamma and Venkatachala Iyengar
   • Prakash v. Phulavati and Danamma @ Suman Surpur v. Amar (correct answer)
   • Om Prakash v. Radha Charan and Vellikannu

   Explanation. Vineeta Sharma resolved the tension between Phulavati's 'living coparcener' requirement and Danamma's daughter-favourable outcome.

7. Which section abolished the pious obligation of a son to pay his father's debts?

   • Section 6(4) (correct answer)
   • Section 14
   • Section 25
   • Section 28

   Explanation. Section 6(4), added by the 2005 Amendment, abolishes the old pious-obligation doctrine for debts contracted after the amendment.

8. The Act's overriding effect over inconsistent pre-existing Hindu law texts is provided by:

   • Section 2
   • Section 4 (correct answer)
   • Section 30
   • Section 9

   Explanation. Section 4's non-obstante clause gives the Act overriding effect over any inconsistent prior Hindu law text, rule or interpretation.

9. The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 is deemed to have come into force on:

   • 9 September 2005
   • 5 September 1985 (correct answer)
   • 22 May 1986
   • 26 January 1950

   Explanation. The Act is deemed to have come into force on 5 September 1985.

10. The Act inserted which new Chapter into the Hindu Succession Act, 1956?

    • Chapter I-A
    • Chapter II-A (correct answer)
    • Chapter III-A
    • Chapter IV-A

    Explanation. Chapter II-A (Sections 29A, 29B and 29C) was inserted.

11. Section 29A(i) makes the daughter of a coparcener:

    • A coparcener by birth in her own right, like a son (correct answer)
    • An heir only after the father's death
    • A member with no property rights
    • A guardian of the family

    Explanation. The daughter becomes a coparcener by birth with the same rights and liabilities as a son.

12. Section 29A(ii) provides that on partition a daughter gets:

    • Half the share of a son
    • The same share as a son (correct answer)
    • No share
    • Only a right of residence

    Explanation. The coparcenary property is divided so as to give a daughter the same share as a son.

13. Section 29A(iv) excludes from the equal-share rule:

    • Unmarried daughters
    • A daughter married before the commencement, and partitions made before the commencement (correct answer)
    • All daughters
    • Sons only

    Explanation. Clause (ii) does not apply to a daughter married before commencement or to a partition effected before it.

14. Under Section 29B, a female coparcener's interest generally devolves on her death by:

    • Survivorship, unless she leaves a child or a child of a pre-deceased child (correct answer)
    • Escheat
    • Registration
    • Government order

    Explanation. Her interest passes by survivorship, except that it passes under the Act if she leaves such descendants.

15. Section 29C deals with:

    • A preferential right to acquire certain property (correct answer)
    • Marriage of daughters
    • Adoption
    • Maintenance

    Explanation. Section 29C gives a preferential right to acquire certain property in specified cases.

16. The central amendment giving daughters a birthright across India came into force in:

    • 1956
    • 1986
    • 2005 (correct answer)
    • 2020

    Explanation. The Hindu Succession (Amendment) Act, 2005 came into force on 9 September 2005.