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Family Law II

This document provides information on a Family Law II module for a B.A., LL.B. (Hons.) program. It outlines the course objectives, intended learning outcomes, syllabus topics, text and reference books, and evaluation criteria. The module will cover succession laws under Hindu, Muslim and Christian traditions with a focus on joint Hindu family systems, succession acts, and concepts like gifts, wills, and trusts under Muslim law. Students will be evaluated through internal assessments, term work, and an end-of-term examination.

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Mayank Srivastava
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514 views3 pages

Family Law II

This document provides information on a Family Law II module for a B.A., LL.B. (Hons.) program. It outlines the course objectives, intended learning outcomes, syllabus topics, text and reference books, and evaluation criteria. The module will cover succession laws under Hindu, Muslim and Christian traditions with a focus on joint Hindu family systems, succession acts, and concepts like gifts, wills, and trusts under Muslim law. Students will be evaluated through internal assessments, term work, and an end-of-term examination.

Uploaded by

Mayank Srivastava
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SVKM’s Narsee Monjee Institute of Management Studies

Name of School - Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 81001 & B.B.A., LL.B. (Hons.) Semester : V
81002
Module: Family Law II Module Code: 81001F001
& 81002F003
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Internal Continuous Term End
(Hours (Hours (Hours Credit Assessment (ICA) Examinations (TEE)
per per per week (Marks - 40) (Marks- 60
week) week) in Question Paper)
4 0 0 4 Marks Scaled to 40 Marks Scaled to 60
Pre-requisite: Family Law I, Property Law.

Objectives:
1. To make the students to identify and understand the scheme of succession under the
Hindu, Muslim and Christian Laws.
2. To make them aware of the matters the matters relating to joint family system,
effected after the passing of the Hindu succession Act, 1956 and other related laws.
3. To acquaint them with matters of Muslim Law the relating to wakfs, wills, Gifts and
preemption.

Outcomes:
After completion of the course, students would be able to :
1. To Understand and comprehend the legal effects of the position of Karta in Hindu joint
family.
2. To examine the devolution of property under Hindu Succession Act.
3. To scrutinize essentials of valid and void gifts under the Muslim Law.
4. To dissect and examine the Intestate and Testamentary Succession.
Detailed Syllabus: ( per session plan )

Unit Description Duration

1. Hindu Joint Family and Coparcenary 5 Hrs


 Property in Hindu Law
 Karta
- Position of Karta
- Who can be Karta
- Powers of Karta
- Duties and Liabilities of Karta
SVKM’s Narsee Monjee Institute of Management Studies

Name of School - Kirit P. Mehta School of Law

2. Alienation of Hindu Joint Family Property 4 Hrs


 Alienation by Gift
 Alienation by Will
3.  Alienation by Coparceners 4 Hrs
 Alienation by Sole Surviving Coparcener
4. The Hindu Succession Act, 1956 5 Hrs
 Devolution of Mitakshara property under the Act (Section 6)
 General principles of inheritance, classification of Heirs (Sec 8 - Se
c 13)
5.  Succession to Mitakshara Coparcener’s interest and testamenta 5 Hrs
ry
succession
(Sec 6 – Sec 30)
6.  Succession to the Property of Female Hindu (Sec – 14, 15, 16) 5 Hrs
 Succession to the Property of a Male Hindu.
 General rules of succession (Sec – 18 to 30).
7. Gift, Will, Trust & Right of Pre-emption under Muslim Law 5 Hrs
Gift (Hiba):
 Definition of Gift (Hiba).
 Essentials of a valid gift.
 Gift made during death – illness.
 Void gifts.
8. Will (Wasiyat): 4 Hrs
 Nature of a Will.
 Capacity to execute a Will.
9. Trust (Waqf): 5 Hrs
 Meaning of Waqf.
 Essentials of valid waqf
Right of pre-emption

 Meaning & Nature


10. Indian Succession Act 9 Hrs
 Intestate Succession (Rules in case of Intestate Other than
Parsis)
11.  Testamentary Succession (Chapter I – XIV) 9 Hrs

Total 60 Hrs
SVKM’s Narsee Monjee Institute of Management Studies

Name of School - Kirit P. Mehta School of Law

Text Books:
1. A.A.A. Fyzee, Outline of Muhammadan Law.

2. Family Law in India by G.C.V. Subba Rao.

Reading Materials:
Articles:
1. Does remuneration of a coparcener constitute a Joint Family Income?, Journal of Indian
Law Institute 385 (1986).
2. Protection on Unjust enrischment and undeserved Misery as essence of Property rights
Jurisprudence in Mitakshara by P. Ishwar Bhatt, 2006 JILI 155-174.
3. Towards Gender Just property law by Kusum, 2005 JILI 95-101.
4. Women’s Property Right under the Traditional Hindu Law by Prakash Chand Jain
2003 JILI 509-536.
5. Mothers Share at partition on under Mitakshara Law, All India Reporter 67 (1963).
6. Womens Right of Inheritance in India (1973), madras Law Journal, Madras.
7. Status of Women under Hindu Succession Act, 1956, Suman Gupta 2007 AIR 65-72.
Reference Books:
1. Hindu law by Mulla.
2. Hindu Law by Dr. Sharma.
Any other information :
Details of Internal Continuous Assessment (ICA)
Test Marks :
Term Work Marks :
Details of Term work :

____________ ____________
Signature Signature
(Prepared by Ms. Ishnoor Arora) (Approved by Dean)

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