Family Law – II
University of Jammu · LL.B. Semester 2 · LLB155
Unit I — Joint Hindu Family
Mitakshara joint family: Mitakshara Coparcenary; formation and incidents · Property under Mitakshara Law: separate property and Coparcenary property · 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 · Partition and reunion
Unit II — Law of Succession and Inheritance among Hindus
Devolution of interest in Mitakshara Coparcenary with reference to the provisions of Hindu Succession Act, 1956 · Succession to the property of a Hindu male dying intestate under the provisions of Hindu Succession Act, 1956 · Succession to the property of a Hindu female dying intestate under the Hindu · Succession Act, 1956 · General rules of succession and disqualifications relating to succession
- 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 III — Law of Succession and inheritance among Muslims
General rules of succession and exclusion from succession · Classification of heirs under Hanafi and IthnaAsharia schools and their shares and distribution of property · Distinction between Sunni and Shia law of inheritance · Settlement of spousal property: A need for development under personal laws in India.
Unit IV — Dispositions under Muslim law
Testamentary disposition (Will): · Definition and basis; capacity of the testator and legatee · Formalities of a will; subject matter of will · Restrictions on testamentary power of disposition; interpretation of the will;Revocation of the will. · Disposition inter-vivos (Gift): · Gift (Hiba): Its definition, classification and essentials of a gift · Who can make a gift, to whom gift can be made, the property which can be subject of gift; delivery of possession, Musha, revocation of gifts. · Distinction between hiba, ariyat, sadaqa and waqf, hiba-bil-iwad, hiba bi shart’liwad; gift during death illness (marz-ul-maut)