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Which of the following statements regarding family law is/are correct? 1. The existence of unobstructed heritage can give rise to the phenomenon of a coparcenary 2. A Hindu joint family is purely a…

Question and options

Which of the following statements regarding family law is/are correct?
1. The existence of unobstructed heritage can give rise to the phenomenon of a coparcenary
2. A Hindu joint family is purely a creature of law and does not arise by act of parties
3. Under Hindu adoption law (Hindu Adoptions and Maintenance Act, 1956), a Hindu widow has no capacity to adopt a son
4. Hindu succession law (Hindu Succession Act, 1956) recognizes the widow of a pre-deceased son of a pre-deceased son as a class II heir
  1. Only 1 and 2 are correct
  2. Only 1, 2 and 3 are correct
  3. Only 3 is correct
  4. All are correct

Answer and explanation

Correct answer: A - Only 1 and 2 are correct
1 is true: coparcenary arises from unobstructed heritage (interest by birth). 2 is true: a Hindu joint family is a creature of law and cannot be created by agreement of parties. 3 is false: s.8 HAMA allows a Hindu widow to adopt. 4 is false: the widow of a pre-deceased son of a pre-deceased son is a Class I heir. So only 1 and 2.

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