1.

Antecedent literally means prior or preceding in point of time, but the

words antecedent debt as used in Hindu Law implies two things, (a)
antecedent in time, and (b) antecedent in fact in nature, i.e, the debt must
be truly independent of and not part of the transaction impeached. Thus, two
conditions are necessary
(a) The debt must be prior in time, and
(b) The debt must be prior in fact.
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3. Pious obligation means the moral liability of sons to pay off or discharge
their fathers non-avyavaharik debts. The debts borrowed may not be of legal
necessity or for benefit of estate. Thus, if the father is the Karta of a Hindu
joint family, he may alienate the coparcenary property for discharging the
antecedent debts. The sons are under the obligation to recover such
alienated property by repaying the debts.
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5. A partition is an act effected inter vivos between the parties agreeing to
the partition. A death of partner cannot bring about an automatic partition
and on such a death, the other surviving members continue to remain joint.
However under the provisions of 56 of Hindu Succession Act, there is a
deemed partition for a limited purpose of determining the share of the
deceased coparcener for the purpose of succession under the Act.
6. There are four essential requirements for creating a valid religious or
charitable trust under Hindu Law:

Valid religious as charitable purpose of the trust as per the norms of

Hindu Law.

Capability of the author of the trust to create such a trust.

The purpose and property of the trust must be indicated with sufficient
precision.

The trust must not violate any law of the country.

7. Hiba means gift and Iwaz means consideration or return. Hiba-bil-iwaz, is,
therefore, a gift with an exchange or a gift for consideration. Muslim law
recognises a gift with an exchange as a kind of Hiba. If a gift has duly been
made and completed, but subsequently the donee also gives something to
the donor in lieu of this gift, then the gift is called Hiba-bil-iwaz.
Essentials:

A valid and complete gift by the donor.

Actual payment of consideration (iwaz) by the done.

8. The right of pre-emption also known as Shufaa is a right which the

owner of an immovable property possesses to acquire by purchase another
immovable property which has been sold to another person. This right is
available to one so that a stranger is not introduced in the family which may
cause a hindrance to ones privacy.
9. An Unprivileged Will (Section 66 of the Indian Succession Act) is one which
is created by any testator who is not employed as a soldier, airman or
mariner. The testator of an Unprivileged Will is bound by the general
requirements of a valid Will.
10. The person, who supervises or takes over the management of a waqf, is
called the mutawalli. He is superintendent of the property. He also distributes
the benefits of the property according to the directions laid down in the waqf.
A mutawalli has no beneficial interest in the property. He is merely a servant
of God, managing the property for the good of His creatures.
Section B

1. Mitakshara and Dayabhaga Page 129 book. Right of minor coparcener

Page 152 book
2. Page 88 book
3. Wakf Act 1954 defines Wakf as, "Wakf means the permanent dedication by
a person professing the Islam, of any movable or immovable property for any
purpose recognized by Muslim Law as religious, pious, or charitable." . PDF
on wakf
4. Page 316 book
Section C
1. Pg 136, 178 book
2. Pg. 349 book