2nd Semester LLB Unitary - Family Law II - Notes, Question Papers and Syllabus
Family Law II
The subject shall be taught by incorporating the recent developments.
Unit I
Joint Hindu Family – Origin, Nature of Joint Family and Coparcenary – Characteristic Features of Coparcenary – Distinction Between Coparcenary and Joint Family – Principle of Survivorship and Succession.
Classification of Property: Joint Family Property and Separate Property – Kartha: Position, Powers and Liabilities.
Debt – Pious Obligation Under Hindu Law.
Unit II
Partition – Definition – Persons Entitled to Demand Partition – Subject Matter of Partition – Mode of Partition – Reopening and Reunion.
Law of Intestate Succession – General Principles – Exclusion from Inheritance – Succession as Applicable to Hindus, Muslims, and Christians – Hindu Succession Act: Features, Devolution of Interest in Coparcenary Property (Sec 6), List of Heirs in Class I and II of the Schedule, Doctrine of Representation, Hindu Women’s Right to Property – Indian Succession Act – Hanafi Law of Inheritance: Doctrine of Aul and Radd.
Unit III
Testamentary Power of Hindus, Muslims, and Christians – Wasiyat: Definition, Essentials, and Kinds of Valid Will, Abatement of Legacies, Revocation of Will.
Unit IV
Alienation of Property Among Hindus, Muslims, and Christians – Hindu Religious and Charitable Endowments – Hiba: Definition, Essentials, Kinds, and Formalities for a Valid Hiba, Revocation of Hiba – Pre-emption: Definition, Classification, and Formality – Waqf: Meaning, Formalities of Creation, Types and Administration of Waqf – Mutawalli and His Powers.
Unit V
Maintenance Under Hindu, Muslim, and Christian Laws – Conflict Between Personal Law and Statutes – Maintenance of Divorced Wives, Neglected Wives, Minor Children, Unmarried Daughters, and Aged Parents – Distinction Between Alimony and Maintenance, Permanent Alimony, Alimony Pendente Lite – Maintenance of Muslim Wives During and After Divorce, Maintenance Under Shariat Act – Right of Maintenance of Christian Wife on Divorce, Maintenance Under S.125 Cr.P.C.
Suggested Readings
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Mulla, Principles of Mohammedan Law
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Munshi Tayyabji, Tayyibji Muslim Law
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Tahir Mohamed, Muslim Law in India
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Indian Law Institute, Islamic Law in Modern India
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Poonam Pradhan Saxena, Family Law
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Sebastian Chambappilly, Christian Law
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E.D. Devadasan, Handbook of Christian Law
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Fyzee AAA, Outlines of Mohammedan Law