Family Law – II
University of Kerala · LL.B. Semester 3 · Paper IV
Unit I
Hindu Law · Joint Family · Origin and Constitution of Joint Hindu Family · Mitaksharara co-parcenary · Co-parcenary Joint Family · Co-parcenary within a co-parcenary · Incidents of co-parcenary property · Right of co-parceners Managing member · Powers & duties of a manager in a Joint family business Dayabhaga Joint Family · Hindu Succession Act, 1956 · Partition · What is partition · Subject matter of partition · Persons entitled to a share · What constitute partition · The mode of partition · Re-opening and reunion
- 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
- Partition and re-union
Unit II
Inheritence · General Principles · Exclusion from inheritance · Hindu Succession Act, 1956 · Sreedhana and Women’s estate · Changes effected by the Hindu Succession Act · Right of widow and other female heirs · Religious and charitable endowments · Endowments Public and Private · Marumakkathayam Law · Tharavadu and its management · Karanavan · position and powers · Statutory changes · Debts and alienations · Partition · Nature of property allotted to a Marumakkathayi female member in particular of her tharavad property on the subsequent birth of a child to her · Acquisitions · Nature and effect of sthanoms · Statutory changes · General rules of succession of Hindu males and females · Order ofsuccession · Rules of succession of persons governed by Marumakkathayam Law · Right of child in womb, rules of evidence in case of simultaneous death, preferential right to acquire the share of another heir · Dwelling house
- 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
- Matrilineal joint family
Unit III
Muslim Law · General Principles · Life estate and vested remainder · Hanafi Law of inheritance · The three classes of heirs · Principles of succession among sharers and residuaries · Doctrine of Increase and Return · Comparison with Shia law of inheritance · Scope of the doctrine of representation · Wills · Persons capable of making Wills · Bequest to heirs · Bequest to non-heirs · Limits to testamentary power · Revocation of Bequest · Death bed gifts and acknowledgement
Unit IV
Gifts · Persons capable of making gifts · The three essentials of a gift · Delivery of possession of immovable property · contingent gifts · Revocation of gift · Hiba Bill · Iwaz · Hiba-Behart-UI-Iwaz · Wakf.- definition · Subject of Wakf · object of Wakf · Wakf how completed · Reservation of life interest for the benefit of WakfPublic and private wakf · The Wakf Act, 1954 · Muttawallis or managers of wakf properties · Powers · Statutory control · Removal of Muttwallis · Law of Pre-emption
Unit V
Christian Law · Law of succession of Christians, Rules of Succession under Indian Succession Act · Interpretation of Wills · words of limitation · Probate and letters of administration · duties of executor or administrator · succession certificate
- 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
- Testamentary Succession Wills
- Testamentary Petition for Succession Certificate (Probate)
- Application for heirship certificate