Family Law II
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 4 · LAIDTT3N
Unit I — Hindu Joint Family System:
Evolution of joint family system in India · Institution of Hindu joint family and joint family property; Family arrangement; Separate or self-acquired property · Coparcenary, Mitakshara and Dayabhaga coparcenary; Women as coparceners; Rights and powers of coparceners, sole surviving coparcener; Effect of amendments to the Hindu Succession Act 1956 · Karta, his position, powers and duties; Father’s powers of alienation; Alienee’s rights and remedies
Unit II — Partition
Partition under Dayabhaga and Mitakshara systems · Subject matter of partition · Persons entitled to claim partition and who get share on partition · Kinds of partition · Principle of survivorship and representation · Reopening and Reunion
Unit III — Intestate Succession:
The Hindu Succession Act, 1956 – Application of Act; Succession to the property of a Hindu male; Succession to the property of a Hindu female, stridhana and women’s estate; General provisions relating to succession; and disqualifications from inheritance; Escheat · General principles of inheritance under Muslim law, Law of inheritance applicable to Sunnis and Shias, and the distinction between the two, Disqualifications · The Indian Succession Act, 1925: Domicile, and its relevance in succession to property; Consanguinity; Provisions relating to intestate succession applicable to Parsis and persons other than Parsis; General principles of succession; Rules of devolution
- 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
- 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
- Introduction Scheme of the Act Application of the Act
- Domicile Kinds of Domicile
- Inheritance (For other than Parsis) Meaning of Intestacy Meaning of Consanguinity Rules of Inheritance
Unit IV — Testamentary Succession:
The Indian Succession Act, 1925: Wills and codicils; Competence of the testator; Execution of privileged and unprivileged will; Attestation; Revocation, alteration and revival of wills; Construction of wills · The Indian Succession Act, 1925: Vesting of legacies; Void, onerous, contingent and conditional bequests; Specific legacies and demonstrative legacies; Ademption of legacies, lapse of legacies; Election; Gifts in contemplation of death · The Hindu Succession Act 1956: Testamentary succession · Will under Muslim law (wasiyat)
Unit V — Right of Pre-emption:
Pre-emption under Muslim law (shufa), meaning, nature, who can claim the right · Subject Matter of shufa; · Formalities and legal effect; · Legal devices of evading right of pre-emption: Loss of the right · Pre-emption under Hindu Law
Unit VI — Gifts under Muslim Law (Hiba)
Nature and characteristics of Hiba, types of Hiba, Donor and Donee, what may be given in gift · Essentials of valid gift, exceptions to general rule; Oral gift and its validity; Registration, Kinds of gifts, Gifts involving return, Marz-ul-mouth (death-bed gift) · Revocation and revival of gift
Unit VII — Wakf
Origin and Development of Wakf · Importance, Meaning and Definition, Characteristics · Essentials, Kinds, formalities for creation, the Wakif, Objects and Purposes of the Wakf · Administration of Wakf under the Wakf Act 1995, Appointment, Removal, Powers and Duties of Mutawalli · The Recent Development- The Wakf (Amendment) Act 2025