Family Law – I (Hindu Law)
University of Kota · LL.B. Semester 1 · Paper 3
Unit 1 — Hindu Law
Sources, School and application, Coparcenary. Joint family property and self acquired property. Karta & his power and obligation. Religious and Charitable Endowments - Essentials of an endowment, kinds. Shebait and Mahant.
- 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
- Historical perspective of traditional Hindu law as a background to the study of Hindu succession Act 1956
Unit 2 — The Hindu Marriage Act, 1955
Condition ofHindu Marriage its ceremonies and registration. Void and voidable marriages. Restitution of conjugal rights. Judicial separation, legitimacy of children, void-voidable marriages. Divorce, alternative relief in divorce, proceedings of divorce by mutual consent. One year bar to divorce, divorce persons when may marry again, Jurisdiction and procedure.
Unit 3 — The Hindu Succession Act, 1956-Succession to the property of a Hindu Male. Succession to interest in coparcenary property, property of Hindu female. Succession to the property of Hindu female. General rules and disqualifications of Succession Escheat.
- 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 4 — The Hindu Adoption and Maintenance Act, 1956
Requisites of valid adoption. Succession to take an adoption. Effect of adoption, persons who may be adopted, other condition for a valid adoption. Effect of Adoption: Miscellaneous provisions of adoptions. Maintenance of 3.
Unit 5 — The Hindu Minority and Guardianship Act, 1956
Natural guardians and their powers. Testamentary guardians and their powers. De-facto guardian, general provisions of guardianship.
Unit 6 — Partition Under Hindu Law
Meaning property for partition, persons entitled to sue for partition and allotment of shares, partition, how affected. Determination of shares. Re-opening of partition. Re-union. Debts-Doctrine pious obligation : Antecedent Debt.