Family Law II
Kannur University · LL.B. Semester 2 · CP 09
Unit I
Joint Hindu Family · Origin, nature of joint family and Coparcenary · Characteristics · Incidents of coparcenary · distinction between coparcenary and joint family · Principles of survivorship and succession · Classification of property: joint family property and separate property · Karta: position, powers and liabilities · Debt · pious obligation under Hindu Law
- 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 II
Partition · definition · persons entitled to demand partition · subject matter of partition · mode of partition · reopening and reunion · Law of intestate succession · general principles · exclusion from inheritance · succession as applicable to Hindus, Muslims and Christians · Hindu Succession Act: features, devolution of interest in coparcenary property (sec 6), List of heirs in Class I and II of the Schedule, doctrine of representation, Hindu woman's Right to property · Indian Succession Act · Hanafi Law of Inheritance: doctrine of aul and radd
- Partition and re-union
- 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
- Inheritance (For other than Parsis) Meaning of Intestacy Meaning of Consanguinity Rules of Inheritance
Unit III
Testamentary power of Hindus, Muslims and Christians · Wasiyat: definition, essentials, and kinds of valid wills, abatement of legacies, revocation of will
Unit IV
Alienation of property among Hindus, Muslims and Christians · Hindu Religious and Charitable endowments · Hiba: definition, essentials, kinds and formalities for a valid Hiba, Revocation of Hiba · Pre-emption: definition, classification and formalities · Wakf · meaning · formalities of creation · Types and administration of wakf · Mutawalli and his powers
Unit V
Maintenance under Hindu, Muslim and Christian laws · Conflict between personal law and statutes · Maintenance of divorced wives, neglected wives, minor children, unmarried daughters and aged parents · Distinction between alimony and maintenance, permanent alimony · alimony pendente lite · Maintenance of Muslim wives during and after divorce, maintenance under Shariat Act · Right of maintenance of Christian wife on divorce, maintenance under S. 125 Cr. P.C.