Family Law – II
Cochin University of Science and Technology · LL.B. Semester 2 · 20-271-0203
Unit I — Coparcenary, Survivorship, Partition
Concept of joint Hindu family · Coparcenary under Mitakshara and Dayabhaga law · Kinds and Sources of property · Karta · Status, powers and duties · Principle of survivorship and succession · Daughter as a Coparcener · debts and pious obligations · Partition of Joint Hindu Family Property · Legislative and Judicial responses before and after 2005.
- 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
- Debt-doctrines of pious obligations and antecedent debt
- Partition and re-union
- Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956
Unit II — Inheritance under Hindu Law
Application of Hindu Succession Act, 1956 · General principles of Inheritance · Disqualifications of heirs · Succession to the Property of male Intestate · Succession to the Property of female Intestate · Hindu Women’s estate · Dwelling house and Right of Pre-emption.
- Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956
- Succession to property of a Hindu male dying intestate under 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
Unit III — Inheritance under Christian & Muslim Law
General rules of inheritance under Muslim law · Classification of heirs under Sunnis and Shias · Entitlement of heirs · General rules of inheritance under Christian law · diversity in inheritance laws · classification of heirs and their entitlement.
Unit IV — Testamentary Succession
Testamentary succession under Hindu, Muslim and Christian Law · Limitation to testamentary powersunder various religious and statutory law · Will and administration of will · Codicil · Probate, letters of administration and succession certificate.
Unit V — Gift and Religious Endowments
Alienation of property by gift among Hindus, Muslims and Christians · Hindu religious endowments · Wakf · Types and administration of wakf · Mutawalli and his powers.