Family Law - II
Hidayatullah National Law University · LL.B. Semester 3 · LLB-C-303
Unit I — Adoption and Maintenance
Adoption under Hindu law Legal framework under the Hindu Adoptions and Maintenance Act, 1956 · Adoption under the Juvenile Justice (Care & Protection of Children) Act, 2015 &CARA Guidelines Legal provisions related to adoption under the Act Eligibility criteria for adoptive parents and children Distinction between HAMA and JJ Act in approach and procedure CARA Guidelines, 2020 – legal safeguards and monitoring mechanisms Inter-country adoption and related regulations · Maintenance under Personal Laws Hindu Law · Provisions under HAMA, 1956 · Maintenance of wife, children, aged parents, and dependents Muslim Law · Maintenance rights under Muslim personal law · Post-divorce maintenance – Shah Bano and Daniel Latifi cases Comparative overview of maintenance provisions across religions Judicial approach to fair and reasonable maintenance · Maintenance under Secular and Criminal Law Maintenance provisions under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Maintenance for live-in partners and destitute parents – judicial trends
Unit II — Hindu Joint Family and Coparcenary
Hindu Coparcenary Formation of Coparcenary – Under Mitakshara and Dayabhaga Coparcenary and joint Family – Distinction Characteristic Features of Coparcenary Rights of coparceners Coparcener within Coparcenary · Classification of property Joint family property or Coparcenary properties Separate or self-acquired property Obstructed and unobstructed property · Alienation of Coparcenary property Alienation by Father Alienation by sole surviving coparcener Alienation by Manager of Coparcenary Property · Legal necessity · Partial necessity · Benefit of estate · Indispensable duties Burden of proof of necessity Coparcener’s power of Alienations · In voluntary Alienations · Voluntary Alienations Coparcener’s Right to challenge Alienations Ailene’s Right and Remedies · Coparcenary after 2005 Amendment – Section 6, Hindu Succession Act, 1956 Overview of Section 6 before the amendment The Hindu Succession (Amendment) Act, 2005 – objectives and effect Daughters as coparceners Section 6(1)– (5): · Devolution of interest · Notional partition · Applicability of amended provisions
- 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
Unit III — Understanding of Partition
Concept and Meaning of Partition Meaning of Partition under Mitakshara and Dayabhaga Schools Nature and significance of partition in Hindu Law · Subject and Scope of Partition Subject of partition Property available for partition Property not capable of division Partial partition: · Partial partition as to property · Partial partition as to persons · Effect of partial partition · Entitlement and Allotment in Partition Persons entitled to claim partition Persons entitled to a share on partition Allotment of shares on partition Rights of daughters and other coparceners post-2005 · Finality and Modification of Partition Modes and Legal Process of Effecting Partition Types of partition – by metes and bounds, oral, written, and through court Reopening of partition – grounds and consequences Re-union – essentials and legal implications
Unit IV — Succession amongst Hindus
Intestate succession under Hindu Law Concept of intestate succession and its significance Devolution of Mitakshara Coparcenary Property Succession to Property of a Hindu Male Succession to Property of a Hindu Female · General Principles and Rules of Succession Applicability of the Hindu Succession Act, 1956 Concepts of heirship, disqualifications, and escheat Preferential rights to acquire property Doctrine of representation, simultaneity of death Distinction between joint family property and separate property · Testamentary Succession Concept and legal framework of wills under Hindu law Capacity of Hindus to make a will Execution and attestation of wills – Indian Succession Act, 1925 Revocation and alteration of wills · Emerging Jurisprudence on Matrimonial Property Lack of statutory recognition of matrimonial property regime in India Judicial trends and equitable distribution upon divorce Contributions of spouses and right to shared household
- 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
Unit V — Muslim Law of Property – Gifts, Wills & Inheritance
Law of Hiba (Gifts) Definition and nature of Hiba Capacity to make a Hiba · Law of Wills (Wasiyat) Nature and meaning of Wasiyat under Muslim law Capacity to make a will Formalities Subject matter of a will Limitations on testamentary power Revocation of wills Doctrine of Marz-ul-Maut (death-bed gifts) · General Principles of Muslim Inheritance Scope and significance of succession under Muslim law Competence to inherit Time and mode of devolution Sunni and Shia schools – basic doctrinal foundations Concepts of birthright, simultaneous death, and exclusion · Heirs, Shares, and Distribution Classification of heirs Rules of exclusion among heirs Distribution principles Shares of key heirs (spouse, children, parents) Doctrinal differences between Sunni and Shia systems Doctrines of Radd and Aul