Family Law-II

Unit 1 — Hindu Minority and Guardianship Act,1956

Guardianship Under Hindu Minority and Guardianship Act, 1956- Classification of Guardians- Natural Guardian · Testamentary Guardian · Powers and function of guardians- Guardianship of Minor’s Property -Custody of Minor · Consideration for Appointment of Guardian

• The Hindu Minority and Guardianship Act, 1956
• Custody, maintenance and education
• Guardianship and parental rights — welfare of the child principle

Unit 2 — Joint Family andCoparcenary

Classification of Property · Joint Family Property -Separate or Self-Acquired Property- Alienation of Joint Family Property · Karta of Joint Family: Position- Powers and Privileges

• Mitakshara joint family
• Mitakshara coparcenary-formation and incidents
• Karta of the joint family-his position, powers, privileges and obligations
• Alienation of property-separate and coparcenary

Unit 3 — Debts

Three sources of Liability: Liability on separate property- Liability on undivided coparcenary Interest- Liability of Joint Family Property- Pious obligation of son-Immoral (avyavaharika) debt- Antecedent debt- Time barred debt- Suretyship debts-Dayabhag Law of debts- Partition- Reopening and Reunion

• Debt-doctrines of pious obligations and antecedent debt
• Partition and re-union

Unit 4 — The Hindu Succession Act,1956

Intestate succession- Succession to the Property of a Male Intestate- Succession to property of a Female Intestate- General rules of Succession- Disqualifications- Testamentary Succession

• Succession to property of a Hindu male dying intestate under 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 5 — Property Rights forWomen

Concept of Stridhan- Women’s Estate- Women as Coparcenar

• Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956

Unit 6 — Mohammedan Law of Inheritance AndSuccession

RulesGoverningSunni and Shia Law of Inheritance- Administration of Estates Under MohemmedanLaw

Unit 7 — Gifts(Hiba)

Law Relating to Gifts: Meaning and essentials of a valid gift- Gift of Mushaa- Gift made during Marz-ul-Maut

• Property Hiba Doctrine of Pre emption Mutawali — powers and duties

Unit 8 — Religious and CharitableEndowments

Meaning- Kinds and Essentials- Math- Powers and Obligations of Mahant and Shebait- Wakf: Meaning- Kinds- Advantages and Disadvantages- Pre-emption: Origin- Classification- Effects- ConstitutionalValidity

• Property Hiba Doctrine of Pre emption Mutawali — powers and duties

Unit 9 — Indian Succession Act,1925

Domicile- Intestate Succession- Will- Codicil-Interpretation- Revocation of Will- Bequests- Conditional- Contingent or Void Bequest-Legacies- Probate and Letters of Administration- Executor- Administrators- 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