Family Law-2
Mahatma Gandhi University · LL.B. Semester 3 · UL-12
Unit I
Law applicable to Joint family- Concept of Joint Family- Mithakshara and Dayabhaga- differences and features- Coparcenary – changes brought in 2005 - Coparcenary with in a coparcenary-Right s of coparceners- Karta – his duties and powers- Joint family property- Separate property - Incidence of joint family properties- Alienation of joint family properties- setting aside of alienation- - Partition of Joint family - person entitled to claim for partition and to get share- Impartible estates- Partial partition- Reopening of partition.
Unit II
Succession under Hindu Law - Succession under Hindu Law- Hindu Succession Act 1956- Succession of male died intestate and female died intestate- Class-1 , Class-2, Agnates and Cognates- Marumakkathayam- Stridhana and Women’s estate – Debts under Hindu Law – Doctrine of Pious obligation - Changes under the Act 1956- General provision and disqualification under the Act- Pre-emptory right under Hindu Law
- 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
- Debt-doctrines of pious obligations and antecedent debt
- Matrilineal joint family
Unit III
Law relating to Inheritance under Muslim Law, Christian law - General principles- Application of doctrine of representation - Administration of estates- Sunni/Hanafi law – Quranic heirs/ sharers –application of doctrine of aul and radd –distribution among residuaries - Distant kindred- Succession under Shia law- Law relating to pre- emptory rights under Muslim law - Succession under Christian law - Relevant provisions under Indian Succession Act-.
Unit IV
Law Relating to Gifts and Wills under personal Laws - Meaning of testamentary succession- gift under Hindu Law Muslim law – provisions under Transfer of Property Act- Hiba- Essentials of a valid Hiba – Conditional gift and contingent gifts- Hiba-biliwaz – Hiba-ba – ShartulIwaz- Revocation of Hiba- Donatio mortis causa- Wills under Muslim law-Essentials - restrictions/limits under Muslim law of will- bequeath able one- thirds- abatement of legacies - will under Indian Succession Act- Interpretation of a will- formalities- Revocation of wills.
Unit V
Law Relating Religious and Charitable Endowments – Conditions for a valid dedication- Types of endowments – Maths- Shebaiths- Types of endowments – Doctrine of Cypress – Wakf- meaning- objects- essentials- subject matter - Life interest in wakf- religious purposes- Public and private wakf- Mutawalli-his appointment- powers and control – Muslim religious endowments.