Family Law – II
Savitribai Phule Pune University · LL.B. Semester 2 · LCC 0603
Unit 1 — Hindu Joint Family System:
1. Evolution of joint family system in India · 2. Institution of Hindu joint family and joint family property; Family arrangement; Separate or self-acquired property · 3. Coparcenary, Mitakshara and Dayabhaga coparcenary; Women as coparceners; Rights and powers of coparceners, sole surviving coparcener; Effect of amendments to the Hindu Succession Act 1956. · 4. Karta, his position, powers and duties; Father’s powers of alienation; Alienee’s rights and remedies · 5. Partition – under Dayabhaga and Mitakshara systems; Subject matter of partition; Persons entitled to claim partition and who get share on partition; Kinds of partition; Principle of survivorship and representation; Reopening and Reunion
- Mitakshara joint family
- Mitakshara coparcenary-formation and incidents
- Dayabhaga coparcenary-formation and incidents Property under Dayabhaga law
- Devolution of interest in Mitakshara coparcenaries with reference to the provisions of Hindu Succession Act, 1956
- Karta of the joint family-his position, powers, privileges and obligations
- Alienation of property-separate and coparcenary
- Partition and re-union
Unit 2 — Intestate Succession:
1. The Hindu Succession Act, 1956 – Application of Act; Succession to the property of a Hindu male; Succession to the property of a Hindu female, stridhana and women’s estate; General provisions relating to succession; and disqualifications from inheritance; Escheat · 2. General principles of inheritance under Muslim law, Law of inheritance applicable to Sunnis and Shias, and the distinction between the two, Disqualifications · 3. The Indian Succession Act, 1925: Domicile, and its relevance in succession to property; Consanguinity; Provisions relating to intestate succession applicable to Parsis and persons other than Parsis; General principles of succession; Rules of devolution
- 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
- Succession to property of Hindu female dying intestate under the Hindu Succession Act 1956
- Disqualification relating to succession
- General rules of succession
- 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
- Law of Inheritance for Parsis Rules of Inheritance
Unit 3 — Testamentary Succession:
1. The Indian Succession Act, 1925: Wills and codicils; Competence of the testator; Execution of privileged and unprivileged will; Attestation; Revocation, alteration and revival of wills; Construction of wills · 2. The Indian Succession Act, 1925: Vesting of legacies; Void, onerous, contingent and conditional bequests; Specific legacies and demonstrative legacies; Ademption of legacies, lapse of legacies; Election; Gifts in contemplation of death · 3. The Hindu Succession Act 1956: Testamentary succession · 4. Will under Muslim law (wasiyat)
Unit 4 — Right of Pre-emption:
1. Pre-emption under Muslim law (shufa), meaning, nature, who can claim the right; Subject Matter of shufa; Formalities and legal effect; Legal devices of evading right of pre-emption: Loss of the right · 2. Pre-emption under Hindu Law
Unit 5 — Gifts under Muslim Law (Hiba):
1. Nature and characteristics of Hiba, types of Hiba, Donor and Donee, what may be given in gift · 2. Essentials of valid gift, exceptions to general rule; Oral gift and its validity; Registration, Kinds of gifts, Gifts involving return, Marz-ul-mouth (death-bed gift) · 3. Revocation and revival of gift
Unit 6 — Wakf:
1. Origin and Development of Wakf · 2. Importance, Meaning and Definition, Characteristics · 3. Essentials, Kinds, formalities for creation, the Wakif, Objects and Purposes of the Wakf · 4. Administration of Wakf under the Wakf Act, Appointment, Removal, Powers and Duties of Mutawalli