Family Law - II
Shivaji University, Kolhapur · LL.B. Semester 2 · DSC-203
Unit 1 — Joint Family
1.1 Mitakshara joint family · 1.2 Mitakshara coparcenary – formation and incidents · 1.3 Property under Mitakshara law – separate property and coparcenary property · 1.4 Dayabhaga coparcenary – formation and incidents · 1.5 Property under Dayabhaga law · 1.6 Karta of the joint family – his position, powers, priviledges and obligations · 1.7 Alination of property – separate and coparcenary · 1.8 Partition and reunion · 1.9 Joint Hindu Family as a social security institution and impact of Hindu gains of Learning act and various tax laws on it · 1.10 Matrilineal joint family
- 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
- Partition and re-union
- Matrilineal joint family
Unit 2 — ; Inheritance – Hindus
2.1 Historical perspectives of traditional Hindu law as a background to the study of Hindu Succession act 1956 · 2.2 Succession to property of a Hindu male dying intestate under the provisions of Hindu Succession act 1956 · 2.3 Devolution of interest in Mitakshara coparcenary with reference to the provisions of Hindu Succession act 1956 · 2.4 Succession to property of a Hindu female dying intestate under the provisions of Hindu Succession act 1956 · 2.5 Disqualification relating to succession · 2.6 General rules of succession · 2.7 Marumakkattayam and Aliyasantana laws governing people living in Travancore – Cochin and the districts of Malabar and South Kanara.
- 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
- Matrilineal joint family
Unit 3 — Inheritance – Muslims
3.1 General rules of succession and exclusion from succession · 3.2 Classification of heirs under Hanafi and IthnaAshria schools and their shares and distribution of property · 3.3 Christains, Parsis and Jews · 3.3.1 Heirs and their shares and distribution of property under the Indian Succession Act 1925
Unit 4 — Women’s property
4.1 Stridhan – concepts and characteristics, sources · 4.2 Principles of succession · 4.3 Comparative analysis of right to property of women under different religious and statutory law
Unit 5 — Testamentary Succession
5.1 Power of testamentary succession under various religious and statutory law under Hindu, Islamic, Christian and Parsi Law · 5.2 Competence of the testator, limitation to testamentation · 5.3 Abetment of legacy, Will and administration of will – Probate, Codicil, execution of Privileged and unprivileged will · 5.4 Attestation, alteration and revival of will
Unit 6 — Right of Pre-emption
6.1 Pre-emption, meaning, nature, constitutionality, classification · 6.2 Who can claim the right, formalities and legal effect · 6.3 legal devises of evading right of pre-emption, when is the right lost
Unit 7 — Gift under the Islamic law
7.1 Hiba – nature and characteristics, kinds of hiba · 7.2 Conditional and future gift, types of Hiba, Death-bed gift · 7.3 Revocation of gift
Unit 8 — Religious Endowments
8.1 Wakf · 8.1.1 Meaning, character, formalities for creation · 8.1.2 Administration, power of Mutawali, Muslim Religious Instiotutions and offices · 8.2 Hindu Religious Endowment · 8.2.1 Traditional religious principles of creation, administration and offices · 8.2.2 Statutory methods of creation of trust · 8.2.3 Powers and functions of the trustees