Family Laws- II

Maharashtra National Law University, Aurangabad · LL.B. Semester 5

Unit I — Introduction

Multiplicity of Succession laws: nature and composition, Notion of ‘succession of property’-testamentary and intestate, Succession of property- subject matter: real property, intellectual property, movable and immovable property, self-acquired property, ancestral property or Hindu Undivided Family (HUF) property, Stridhan, absolute property, Mehr, Overview of Succession of property regulations, Property rights of women in India- overview of succession and allied laws

Unit II — Hindu Law of Succession of Property-Classical & Modern Hindu Law

Classical Hindu Law-Hindu Undivided Family & Joint Family System, Concept of Hindu Undivided Family, Joint Family System and Coparcenary in Hindu Law, Mitakshara joint familiesm Mitakshara coparcenary- formation and incidents, Property under Mitakshara law- separate property and coparcenary property, Davabhaga coparcenary- formation and incidents, Property under Dayabhaga law, Karta of the joint family- his position, powers, privileges and obligations, Females as Coparceners Karta (Head) of Hindu Joint Family, Alienation of property- separate and coparcenary, Debts – doctrines of pious obligation and antecedent debt, Partition and re-union: Law, practice and approach of court, Family Arrangement, Joint Hindu family as a social security institution and impact of Hindu Gains of Learning Act and various tax laws on it, Hindu Succession (Amendment) Act, 2005 & Mitakshara Coparcenary. Modern Hindu Law & Intestate Succession, Historical perspective of traditional Hindu Law as a background to the study of Hindu Suc-cession Act, Hindu Succession Act, 1956 and Amendment Act of 2005, Devolution of coparcenary property-reformation, complexities and judicial approach, Succession to property of Hindu male dying intestate, Succession to property of Hindu female dying intestate, Concept of Stridhan & concept of absolute property, Disqualifications relating to succession, General rules of succession, Law Commission of India Report No. 207 of 2008 on Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self-acquired proper-ty with no heirs, Law Commission of India Report No. 204 of 2008 Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005, Law Commission of Indian Report No. 208 of 2008: Proposal for amendment of Explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement in the definition of “partition”.

Unit III — Intestate Succession and Concept of Gift Among Muslims

General rules of inheritance of Sunnis and Shias, Classification of heirs, Gift: Meaning and essentials of a valid gift, Gift of Mushaa, Gift made during Marz-ul-Maut

Unit IV — Indian Succession Act, 1925- Intestate Succession Among Christians and

Parsis: Succession among Christians- rules of succession, legal heirs, share and distribution of property, Succession among Parsis- rules of succession, legal heirs, share and distribution of property, Law Commission of Indian Report No. 247, 2014 on Sections 41 to 48 of the Indian Succession Act, 1925 – Proposed Reforms, Law Commission of Indian Report No. 209, 2008 Proposal for omission of Section 213 from the Indian Succession Act, 1925

Unit V — New Dimensions & Certain Issues Pertaining to the Law of Succession of

Property Succession of property in cases of Live-in relationships & Relationships in the nature of marriage, Succession of property & Invalid marriages and Void & Voidable marriages, Succession of property & Surrogate relationship, Succession of property & Relationships by Adoption.

Unit VI — Testamentary Succession- Law of Will

Persons capable of making wills, Formation of a will, Types of will with reference to (Sec. 59 to Sec. 63) of Indian Succession Act, 1925, Disputes relating to Wills and Codicils, Concept of probate, Law of Wasiyat among Muslims, Law Commission of Indian Report No. 209, 2008 Proposal for omission of Section 213 from the Indian Succession Act, 1925

Unit VII — Settlement of Spousal Property-Legislative and Judicial Process

Separate Property and Joint marital property, Concept of Mehr and Stridhan, Ante-nuptial agreement and spousal property, Property acquired during or at the time of or after marriage, Settlement of property during divorce-law and judicial process, Notion of separate property after divorce-need for reformation, Portuguese Civil Code of Goa, Section 27 of Hindu Marriage Act, 1955, Law in other jurisdictions-civil law countries and common law countries, Right of residence- Protection of Women from Domestic Violence Act, 2005.

Unit VIII — Minority, Guardianship, Adoption and Surrogacy

Adoption of child & laws governing domestic relationship, Domestic adoption (intra- country adoption), International adoption (inter-country adoption), Concept of Minority, Guardianship and custody: perspective of laws governing domestic relationship, Surrogacy: perspective of laws governing domestic relationship, issues and challenges.