Family Law-I (Hindu Law)

Unit 1 — Ancient and modern sources of Hindu law; schools of Hindu law

• Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956

Unit 2 — Joint family

Mitakshara and Dayabhaga coparcenary · separate and coparcenary property · Karta · doctrine of pious obligation · partition 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 3 — Joint Hindu family as a social security institution

impact of Hindu Gains of Learning Act and tax laws

Unit 4 — Matrilineal joint family

• Matrilineal joint family
• Types of family based upon Lineage — patrilineal, matrilineal

Unit 5 — 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

Unit 6 — Hindu maintenance (Hindu Adoptions and Maintenance Act, 1956)

• Hindu Adoptions and Maintenance Act, 1956

Unit 7 — Equal property rights for women

State amendments of coparcenary rights for daughters

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

Unit 8 — Comparative study of property law under Christian, Parsi and Jewish law for men and women

• Inheritance (For other than Parsis) Meaning of Intestacy Meaning of Consanguinity Rules of Inheritance
• Law of Inheritance for Parsis Rules of Inheritance

Unit 9 — Evolution of the institution of marriage and family

• Evolution of the institution of marriage and family
• Role of religious rituals and practices in molding the rules regulating to marital relations

Unit 10 — Hindu Marriage Act

• Hindu Marriage Act 1955

Unit 11 — Family and its changing pattern

emerging trends · composition of family · status and role of women · legislative, religious and environmental factors

• Types of family based upon Lineage — patrilineal, matrilineal
• Emerging concepts: Maitri Sambandh and divided home

Unit 12 — Law relating to settlement of spousal property, child and the family

legitimacy · adoption · custody, education, maintenance of child · Hindu Minority and Guardianship Act, 1956 · parental rights · welfare of child principle · Family Courts Act, 1984

• Hindu Adoptions and Maintenance Act, 1956
• The Hindu Minority and Guardianship Act, 1956
• Custody, maintenance and education
• Guardianship and parental rights — welfare of the child principle
• Establishment of family Courts — Family Courts Act, 1984 Constitution, power and functions Administration of gender justice

Unit 13 — Uniform Civil Code

religious pluralism · Article 44 · impediments · idea of optional UCC

• Uniform Civil Code
• Religious pluralism and its implications
• Connotations of the directive contained in Article 44 of the Constitution
• Impediments to the formulation of the Uniform Civil Code
• The idea of Optional Uniform Civil Code