REOPENING & REUNION OF PARTITION

                             

  1. A partition can be re-opened by
    (A) A son begotten as well as born after partition, where the father has reserved a share to himself.
    (B) A son begotten at the time of partition, but born after partition, if no share is reserved for him at the time of partition.
    (C) A son begotten at the time partition, but born after partition, even if a share is reserved for him at the time of partition.
    (D) Both (A) and (B)
  2. A son begotten as well as born after partition, is entitled to have the partition re-opened, where
    (A) Father has reserved a share to himself
    (B) Father has not reserved a share to himself.
    (C) Either (A) or (B)
    (D) Father is of unsound mind
  3. A partition can be reopened at the instance of
    (A) A disqualified coparcener who recovers from his disqualification after the partition
    (B) An absentee coparcener to whom no share has been allotted.
    (C) Either (A) or (B)
    (D) Only (B) and not (A)
  4. A wife is
    (A) Entitled to get the partition re-opened if no share on partition is allotted to her.
    (B) Not entitled to get the partition re-opened if no share on partition is allotted to her.
    (C) Entitled to get the partition re-opened only when a share is demanded by her but no share on partition is allotted to her.
    (D) Not entitled to re-opened the partition if no share is allotted to her on partition not she has demanded.
  5. A partition cannot be reopened by which of the following persons
    (A) Adopted son
    (B) Absentee coparcener
    (C) Mother
    (D) Minor coparcener
  6. The doctrine of relation back was explained in
    (A) Raghvamma v. Chechamma
    (B) Kewal Narain v. Prabhu lal
    (C) Gurupad v. Hirabai
    (D) Pedasubhayya v. Akkamma
  7. Mark the correct statement
    (A) A wife is entitled to get the partition reopened if no share on partition is allotted to her
    (B) A partition can be reopened by a son begotten at the time of partition, but born after partition, if no share is reserved for him at the time of partition.
    (C) An insane coparcener has neither A right to claim partition nor A right to a share in partition.
    (D) All the above
  8. Reunion is permitted between parties to original partition and exclusively between
    (A) Brothers
    (B) Father and son
    (C) Both (A) and (B)
    (D) Only (B)
  9. Reunion to the joint family status can be brought by various methods. Which of the following is not such a method.
    (A) An express agreement to reunite in estate and to revert to their former status.
    (B) Implied from conduct viz unequivocal intention reestablishing community of interest and unity of possession.
    (C) An oral agreement
    (D) Withdrawal of unilateral declaration of the intention to separate.
  10. According to the doctrine of relation back
    (A) Although communication regarding partition might be received by coparceners on different dates their receipt will relate back to the date of notice.
    (B) The vested rights that might accrue in the interval, between the date of transmission and date of receipt, are not preserved
    (C) Only (A) is correct
    (D) Only (B) is correct.

                                 

ANSWER 1. B 2. B 3. C 4. B 5. C 6. A 7. D 8. C 9. D 10. C

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