Family Law-II
Babasaheb Bhimrao Ambedkar University · LL.B. Semester 6 · LB-602
Unit I — Maintenance, Adoption and Guardianship
i. Maintenance under Hindu Law: Provisions under the Hindu Marriage Act, 1955, Provisions under the Hindu Adoption & Maintenance Act, 1956, Provisions under the Cr.P.C, 1973. · ii. Maintenance under Muslim Law: Maintenance to Muslim Wife, Divorced Wife’s Right to Maintenance under Muslim Women (Protection of Rights on Divorce) Act, 1986, Maintenance to Muslim Children. · iii. Adoption under Hindu Law: Who may adopt, who may give in adoption and who can be adopted, Ceremonies of Adoption & Effects of Adoption, Relationship of Adopted Child & Proof of Adoption · iv. Guardianship of person– Natural, Testamentary and Guardian appointed by court, Guardianship of minors property, Defacto Guardian, Guardianship under Muslim Law, Meaning, Appointment and Removal of Guardianship, Kinds of guardianship- guardianship in marriage, person and property.
- Maintenance General Principles of Maintenance
- Hindu Adoptions and Maintenance Act, 1956
- The Hindu Minority and Guardianship Act, 1956
- Guardianship Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian
- Custody, maintenance and education
- Guardianship and parental rights — welfare of the child principle
Unit II — Joint Hindu Family and Partition
1. Joint Hindu Family · i. Concept of joint Hindu family and coparcenary under Mitakshara and Dayabhaga law and their incidents · ii. Concept of Karta- position and power · iii. Judicial and Legislative Trends- Position Before 2005 · iv. Daughter as a Coparcener – Position After 2005 · v. Property in Hindu Law · 2. . Partition · i. Meaning, division of right and division of property · ii. Persons who have a right to claim partition and who are entitled to a share · iii. Partition how effected and suit for partition · iv. Re-opening of partition and Re-union · v. Points of similarity and distinction between the Mitakshara and the Dayabhaga Laws
- Mitakshara joint family
- Mitakshara coparcenary-formation and incidents
- Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law
- Karta of the joint family-his position, powers, privileges and obligations
- Alienation of property-separate and coparcenary
- Debt-doctrines of pious obligations and antecedent debt
- Partition and re-union
Unit III
1. . Hindu Succession Act, 1956 · i. Intestate Succession · ii. Succession to a Hindu Male: Heirs of a Hindu male, Class I Heirs and their Shares, Class II Heirs and their Shares, Agnates and cognates · iii. Succession to property of a Hindu Female: Property inherited from Father or Mother, Property inherited from Husband or Father in Law · iv. General rules of Succession: Full-blood preferred to half-blood, Mode of succession of two or more heirs, Right of a child in the womb, Disqualifications. · 2. Muslim Law · i. Law Relating to Gifts (Hiba):Definition of gift, Meaning and essentials of a valid gift, Kinds of gifts, Subject matter of gift and Revocation of a gift. · ii. Law relating to Wills: Capacity to make a will, Subject matter of a will, To whom will can be made, abatement of legacies, Limitations on the power of legator to make will, Doctrine of Marz-ul-maut and Revocation of the wills. · iii. Law relating to Inheritance: General principles of inheritance of Sunnis and Shias,Competence to inherit, Classification of heirs and entitlement of primary heirs
- Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act 1956
- Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956
- Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956
- Disqualification relating to succession
- General rules of succession
- Property Hiba Doctrine of Pre emption Mutawali — powers and duties
Unit IV
1. . Endowments · i. Meaning, kinds and essentials of a religious endowment · ii. Math - Kinds, Powers and obligations of Mahant and Shefait · iii. Removal and replacement of Idol · 2. Waqf · i. Meaning, Kinds, Rights and Characteristics · ii. Advantages and disadvantages · 3. . Objects and purpose · i. Mosques - objects, kind, requisites · ii. Methods of creation of waqf · 4. Pre-emption: Origin, Definition, Classification, Subject matter, formalities, effects, constitutional validity