Family Law-II

Unit 1 — Hindu Joint Family & Coparcenary [24 hours]

a. Hindu Joint Family & Coparcenary: i) Mitakshara & Dayabhaga Joint Family. ii) Mitakshara & Dayabhaga Coparcenary. iii) Concept of Coparcenary Property. · b. Karta of the joint family, his position, powers, privileges and obligations. · c. Alienation of property, separate and coparcenary · d. Concept of Debts & Doctrines of pious obligation. · e. Partition and re-union.

• 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 2 — Inheritance & Hindu Succession Act, 1956 [28 hours]

a. Historical perspective of traditional Hindu law as a background to the study of Hindu Succession Act, 1956. · b. Changes brought after enactment of Hindu Succession Act, 1956. · c. Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession Act, 1956. · d. Succession to property of a female dying intestate under the provisions of Hindu Succession Act, 1956. · e. General Rule of Succession under Hindu Succession Act, 1956.

• 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

Unit 3 — Muslim Law of Inheritance [10 hours]

a. Historical Background and features of Muslim Succession. · b. Classes of heirs in Muslim Succession: i) Quranic Heirs. ii) Residuaries. iii) Distant Kindred.

Unit 4 — The Indian Succession Act, 1925 [10 hours]

a. Rule of Succession other than Parsis. · b. Rule of Parsi Succession.

• Introduction Scheme of the Act Application of the Act
• Inheritance (For other than Parsis) Meaning of Intestacy Meaning of Consanguinity Rules of Inheritance
• Law of Inheritance for Parsis Rules of Inheritance

Unit 5 — The Hindu Gains of Learning Act, 1930 [4 hours]

Unit 6 — New property concepts, such as skill, job etc, as new forms of property [4 hours]

Unit 7 — Settlement of spousal property: A need for development [4 hours]