Muslim Law Mains Question Answer Series Part 8: Important Questions for modules such as Muslim Law of Inheritance and Gifts

The Muslim Law Mains Question Answer Series Part 8, includes a comprehensive set of questions for Muslim Law, including modules such as Muslim Law of Inheritance and Gifts.

Muslim law, also known as Islamic law, is believed to have originated from the divine, as opposed to man-made rules enacted by legislators and controlled by the principles of current legal systems. Islam denotes surrender to God's will and includes the concepts of peace, purity, salvation, and obedience. Muslims believe that Allah is the sole god.

With our amazing up-to-date notes and case laws, Legal Bites provides you with the best study material on this subject. The course is broken down into 10 modules to give readers a thorough understanding of Muslim law. The parts were created with the goal of providing students with an in-depth understanding of every subject of Muslim law.

Students will have an advantage while competing in national-level competitions and exams thanks to the well-researched random articles and the 10-part series of important questions near the end of the course. For aspiring lawyers, our study materials offer the secret to success.

Muslim Law Mains Question Series Part VIII

Question 1

Discuss the general rule of succession under Islamic Law. [HJS 2003]

In the following cases to whom the property will devolve and how many shares each heir will get?

• A Muslim male died leaving a widow, a son, a daughter and son and daughter of another predeceased son.
• A Muslim female died leaving her husband, mother, father and two daughters.
• A Muslim male died leaving a widow and mother.

Question 2

A Muslim died leaving behind 5 grandchildren, three children G1, G2, G3, of his predeceased son Fazal, and two children G4 and G5 of his predeceased son Abdul. What is the quantum of share of each under the Sunni Law and Shia Law? [HJS 2006]

Question 3

A Muslim, who died leaving behind her husband, made a will of her entire property in favour of her friend "F". What is the maximum share to which 'F' is entitled under Muslim Law? [HJS 2007]

Question 4

Define "Residuaries" under the Muslim Law. [RJS 1986]

Question 5

A, a Sunni, has a son S and a grandson G by S.S. negligently cause the death of A. Can S succeed in the estate of A? Would it make any difference if the parties were governed by the Shia Law? [DJS 1989]

Question 6

A Mohammedan male dies leaving behind a widow and a minor son. He had some immovable property which is sold by the widow claiming that she needs money for herself and her son. Is the sale valid? [DJS 1999]

Question 7

How are heirs classified under Hanafi Law and Shia Law in case of intestate succession? [UPJS 1985]

Question 8

Discuss the position of residuaries (asabat) in Hanafi and Shia laws of Muslim inheritance. [UPJS 1987]

Question 9

"Life estate is unknown to Muslim law as administered in India, but life interest can be created." Discuss. [UPJS 2003]

Question 10

After the death of her husband, 'A' a Mohammedan widow got her name entered in the Government records as the owner of her husband's property and was mortgaging and selling portions of it, one of the heirs of her husband sued her alliance for his share. Can he succeed? Give reasons for your answers. [UPJS 2013]

Question 11

Difference between Shia and Sunni Succession Law. [UPJS 2016]

Question 12

What are the essentials of a valid Hiba under Muslim Law? Discuss the validity of gifts in Muslim Law:

Rahim hands over to his wife a non-transferable fixed deposit receipt which he received from a bank and says," After taking a bath, I will go to the bank and transfer the paper in your name." He died while Bathing. [Punj JS 2001]

Question 13

Distinguish between Hib and Hiba-bill-iwaz. Illustrate your answer. [BJS 1975]

Question 14

X, a Hanafi Mohammedan in affluent circumstances out of compassion for a religious teacher Y, gifted half of his estate to the letter who gave a prayer carpet as a token of gratitude. The mutation was also affected in the name of Y. But before the delivery of possession X changed his mind and wanted to revoke the gift. Decide. [BJS 1975]

Question 15

What are the constituents of a valid 'Hiba'? Can a valid gift be made in favour of a Non-Muslim? [BJS 1977]

Question 16

What are the three essentials of a gift under the Mohammedan Law Distinguish between hiba-bil-iwaz and hiba ba-shart-ul-iwaz? [BJS 1980]

Question 17

Explaining the essential conditions of a valid gift under Muslim Law, state the circumstances if any when the transfer of possession is not necessary for making a gift. [JJS 2014]

Question 18

Explain the gift of Musha. [RJS 1971, HJS 1988]

Question 19

Write a short note on Hiba-bil-iwaz. [BJS 1984, HJS 1996, 2009]

Question 20

A Muslim executes a deed of gift of his property to 'B', but the gift is not accompanied by delivery of possession. 'A' subsequently executes a deed of gift of the same property to 'C' and the gift is accompanied by delivery of possession. Both the deeds are registered. Is 'B' entitled to the property? In this regard discuss the relevant provisions of the Registration Act. [HJS 1999]

Question 21

A maternal grandfather made a gift in favour of his newly born grandchild. The mother of the child accepted the gift on behalf of the minor. Is this gift valid under Muslim law? [HJS 2006]

Question 22

A father made a gift inter vivos to his minor son. Critically examine the validity of the said gift the light of the essential of Hiba under Mohammedan Law. [HJS 2015, 2009]

Question 23

Distinguish between Hiba, Hiba-bil-iwaz and Hiba-ba Shar-tul-iwaz.

A very rich Hanafi Mohammedan, out of compassion, gifted half his estate to his religious teacher B who only gave in return a prayer carpet and Tasbih (string of beads). Mutation was also effected in the name of B, but before delivery of possession, A changes his mind and wants to revoke the gift. Advise A. [RJS 1970]

Question 24

Examine the proposition that in Hanafi law a grant of life estate must necessarily transfer the whole ownership. [RJS 1977]

Question 25

What is a death-bed gift? [RJS 1992]

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