Delhi Judicial Services Exam Personal Laws & Limitation Flashcards

24 sample cards from the Personal Laws & Limitation deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is iddat in Muslim law and its duration?

   The waiting period a woman must observe after dissolution before remarrying. On divorce: 3 menstrual courses (or 3 lunar months); on husband's death: 4 months and 10 days; if pregnant: until delivery.

2. What did the Shah Bano case and the resulting 1986 Act decide about a divorced Muslim woman's maintenance?

   Mohd. Ahmed Khan v. Shah Bano (1985) held a divorced Muslim woman can claim maintenance under S.125 CrPC. The Muslim Women (Protection of Rights on Divorce) Act, 1986 followed; Danial Latifi (2001) read it to require fair provision extending beyond iddat. Mohd. Abdul Samad (2024) reaffirmed S.125 CrPC availability.

3. What are the essentials of a valid gift (Hiba) under Muslim law?

   Three essentials: (1) a declaration of gift by the donor; (2) acceptance by the donee; and (3) delivery of possession of the subject of the gift. Registration is not necessary; the transfer is immediate and without consideration.

4. What is Wakf in Muslim law?

   The permanent dedication by a Muslim of property for any purpose recognised by Muslim law as religious, pious or charitable. Ownership is deemed to vest in God; the property becomes inalienable and the income is used for the designated purpose, managed by a mutawalli.

5. How does Muslim inheritance differ in principle from Hindu inheritance?

   Muslim inheritance applies only on death (no birthright/joint family), distributes among sharers and residuaries by fixed Quranic shares, and follows the per capita/per stirpes rules; a Muslim can will away only up to 1/3 of the estate without heirs' consent.

6. In Sunni law, what is the share of a daughter compared to a son in inheritance?

   A son takes double the share of a daughter (a daughter's share is half a son's). A sole daughter takes 1/2; two or more daughters together take 2/3, distributed among them.

7. What is the testamentary limit (bequest) under Muslim law?

   A Muslim may bequeath only up to one-third of his net estate (after debts and funeral expenses) to a non-heir without consent; bequests beyond 1/3, or any bequest to an heir, require the consent of the other heirs after the testator's death.

8. What is the scope of the Special Marriage Act, 1954?

   It provides a special form of civil marriage for any two persons irrespective of religion, caste or faith, including inter-faith and inter-caste couples, with registration, and also allows registration of marriages already solemnised.

9. What is the notice and objection procedure for marriage under the Special Marriage Act, 1954?

   Parties give written notice to the Marriage Officer of the district where one has resided 30+ days; the notice is published for 30 days for objections. If no valid objection, the marriage is solemnised before the officer and three witnesses (S.5-7).

10. What are the conditions for marriage under Section 4 of the Special Marriage Act, 1954?

    Neither party has a living spouse; both capable of valid consent (sound mind/not unfit for marriage or procreation); male 21 and female 18; and parties not within degrees of prohibited relationship (subject to permitted custom).

11. What is the object of the Guardians and Wards Act, 1890?

    It is a secular law that consolidates and amends the law relating to guardians and wards, empowering courts to appoint or declare guardians of the person or property of a minor, with the minor's welfare as the paramount consideration (S.17).

12. Which factors does a court consider in appointing a guardian under the Guardians and Wards Act, 1890?

    The welfare of the minor (S.17): the minor's age, sex and religion; the character and capacity of the proposed guardian and his nearness of kin to the minor; the wishes of a deceased parent; and the preference of a minor old enough to form an intelligent preference.

13. Who can claim relief and what reliefs are available under the Protection of Women from Domestic Violence Act, 2005?

    An aggrieved woman in a domestic relationship may seek: protection orders (S.18), residence orders (S.19), monetary relief (S.20), custody orders (S.21), and compensation orders (S.22).

14. What forms of abuse constitute 'domestic violence' under Section 3 of the PWDVA, 2005?

    Physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse—including harassment for dowry. Any act that harms or endangers the health, safety, life, limb or well-being (mental or physical) of the aggrieved person.

15. What is the 'right to reside in the shared household' under the PWDVA, 2005?

    Section 17 gives every woman in a domestic relationship the right to reside in the shared household, whether or not she has any right, title or interest in it; she cannot be evicted except by procedure established by law.

16. What are the essential requirements of a valid will under the Indian Succession Act, 1925?

    A will must be made by a person of sound mind and not a minor, with testamentary intention; signed by the testator (or by someone on his direction in his presence); and attested by two or more witnesses who saw the testator sign (S.59, S.63).

17. What is the difference between probate and letters of administration under the Indian Succession Act, 1925?

    Probate is a court's certified copy of the will granted to the executor named in the will, certifying its validity. Letters of administration are granted to administer the estate where there is no will, or no executor is named/able to act.

18. What is the rule against perpetuity under the Indian Succession Act, 1925?

    Section 114: no bequest is valid whereby vesting is postponed beyond the lifetime of one or more persons living at the testator's death plus the minority of some person who shall be in existence at the expiration of that period (the transfer must vest within lives in being + minority).

19. What is the basic scheme and purpose of the Limitation Act, 1963?

    It prescribes the time periods within which suits, appeals and applications must be filed. After the prescribed period a remedy is barred (S.3), though the right may subsist. The Schedule lists periods; general suit periods range from 3 to 12 years.

20. State key limitation periods under the Limitation Act, 1963.

    Suit on a simple money debt/contract: 3 years; suit to recover possession of immovable property: 12 years; suit on a mortgage/foreclosure: 12 years (30 for mortgage money against the property); appeal to High Court: 90 days; appeal to subordinate court: 30 days/60 days.

21. What is the effect of Section 5 of the Limitation Act, 1963 (condonation of delay)?

    It allows a court to admit an appeal or application (not a suit) filed after the prescribed period if the appellant/applicant shows 'sufficient cause' for not filing in time. It does not apply to suits or, generally, to applications under Order XXI CPC.

22. How do Sections 12-17 of the Limitation Act, 1963 affect computation of the limitation period?

    They provide exclusions/extensions: S.12 excludes the day from which the period runs and time for obtaining copies; S.14 excludes time spent bona fide in a court without jurisdiction; S.17 postpones the start where there is fraud, mistake or concealment of a document.

23. What is the effect of an acknowledgment of liability under Section 18 of the Limitation Act, 1963?

    A written, signed acknowledgment of liability made before the expiry of the limitation period starts a fresh period of limitation running from the date of the acknowledgment.

24. What does Section 27 of the Limitation Act, 1963 provide regarding extinguishment of right?

    Section 27 is an exception to the general rule: where the period for a suit to recover possession of property has expired, the right to the property itself is extinguished (and the adverse possessor acquires title). Limitation here bars the right, not merely the remedy.

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