Format No. QSP/7.1/01.

F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27, 2017

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

School of Law
Dehradun
COURSE PLAN

Program : B.A., LL.B. (Hons.) Labor/Criminal Laws

B.A., LL.B. (Hons.) Energy Laws
B. TECH., LL.B.ET&IPR, CS & Cyber Law (Hons.)
B.B.A., LL.B. (Hons.) Banking, Finance & Insurance/
International Trade & Investment Law
B. COM., LLB. (Hons.) Taxation Laws
B.B.A., LL.B.(Hons.) Corporate Laws
Subject/Course: Family Law-II
Semester : IV/VI
Session : January 2018 – May 2018
Batch : 2016-2021/2015-2021
Subject Code : LLBL 202
No. of credits : 4
Prepared by : Dr. Mamta Rana Email id:-mrana@ddn.upes.ac.in
Mr. Ashish Jain ashish.jain@ddn.upes.ac.in
Ms. Shambhavi Sinha ssinha@ddn.upes.ac.in
Ms. Nandini Biswas nandini.biswas@ddn.upes.ac.in
Ms. Manisha Madhav mmadhav@ddn.upes.ac.in

Approved By

_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2770137
“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
 COURSE PLAN

Subject: Family Law Course:

B.A., LL.B. (Hons.)

Labor/Criminal Laws,
B.A., LL.B. (Hons.) Energy
Laws, B. TECH.,
LL.B.ET&IPR, CS &
Cyber Law (Hons.),
B.B.A., LL.B. (Hons.)
Banking, Finance &
Insurance International
Trade & Investment Law,
B.COM.,LLB.(Hons.)
Taxation Laws, B.B.A.,
LL.B (Hons.) Corporate
Laws

Duration: January 2018– May 2018 Subject code: LLBL202

A. OBJECTIVES:

Family Law is the branch of law, which touches each individual of the society. It governs
an integral part of the life of the individual. The fundamentals of Family Law i.e. basic
understanding of the personal laws i.e., Hindus, Muslims, Christians, Parsis & Jews and
the knowledge of law governing marriage, divorce, maintenance and guardianship which
has been covered in the course of Family Law I. Family Law-II deals with laws relating to
Hindu Joint family, devolution of ancestral or coparcenary property, succession to
separate property of a Hindu and the Muslim law relating to gifts, wills and inheritance.

School of Law January-May 2018

 The objectives of this course are:

1. The course is designed to analyze the presence of different personal laws for
different community.

2. A critical and comparative study of different Personal laws governing testamentary

and intestate succession i.e. their diversities, similarities, affinities and paradoxes.

3. Covers all major aspects of the law of succession relating to Hindus, Muslims,
Christians and Parsi

4. Examines, in particular, fundamental concepts dealing with the joint family,

coparcenary, partition, interstate succession as well as the law relating to gifts,
wills, and inheritance

Outcome:
Students will be able to understand that the:
 personal laws owe their diversity to their varied origin, distinct principles and
the bulk of substantive law itself.
 personal laws play a vital role in governing the conflicting interest of the
individuals.
 personal law of a person is not determined by his domicile or his nationality
but by his membership of the community to which he belongs.
 students become well versed with the intricacies and applicability of personal
laws in handling the disputes.

The continuous evaluation tools employed are:

1. Quiz/Class Test/ Snap Test (20% weightage)
2. Assignments/Court Room Exercise/ Research Paper/Case analysis (20%
weightage)
3. Project Work Presentation (20% weightage)
4. Subject Grand Viva (20% weightage)
5. Attendance (20% weightage)

School of Law January-May 2018

Program Course’s Personal laws Personal laws Personal law Students become well
Specific Intended owe their of a person is
play a vital versed with the
Intended Student diversity to their not determined
Student Learning varied origin, role in by his domicile intricacies and
learning Outcome distinct or his
governing the applicability of
Outcomes s principles and nationality but
(Program the bulk of conflicting by his personal laws in
Specific substantive law membership of
interest of the handling the disputes.
ISLOs) itself. the community
for individuals. to which he
BCOM, belongs.
LL.B.
(Hons.)
Taxation
Laws

Knowledge of concepts   
of law with
comparative
understanding of legal
systems

Interdisciplinary
knowledge of law and    
related fields/domains

Application of law to
problem situations 
employing logical,
analytical and decision
making skills

School of Law January-May 2018

Effective law professional
skills pertinent to law  
such as oral and written
communication, legal
research, rationalization,
critical-thinking, planning
and organizing

Specialist law  
professional having
insight of practices,
issues and challenges

Ethical, moral and social

responsibility  
Influencing skills such as  
commitment, leadership,
team building and
networking
Life-long Learning skills
 

School of Law January-May 2018

Course’s Continuous Continuous Continuous Continuous Continuous Continuous
Intended evaluation evaluation Tool evaluation evaluation evaluation evaluation
Student Tools -1 Tool-2 Tool -3 Tool -4 Tool-5
Learning Quiz/Class Test/ Project Subject Attendance
Outcomes Snap Test Assignments/ Work Grand Viva
Court Room Presentation
Exercise/
Research
Paper/Case
analysis
Personal laws owe their     
diversity to their varied
origin, distinct principles
and the bulk of substantive
law itself.

Personal laws play a vital     

role in governing the
conflicting interest of the
individuals.

School of Law January-May 2018

Personal law of a person is     
not determined by his
domicile or his nationality
but by his membership of
the community to which he
belongs.

Students become well     

versed with the intricacies
and applicability of
personal laws in handling
the disputes.

School of Law January-May 2018

B. COURSE OUTLINE

It has 8 modules which are as follows:

MODULE I: Hindu Joint Family
MODULE II: Intestate Succession
MODULE III: Testamentary Succession
MODULE IV: Disposition inter vivos- Gift
MODULE V: Pre-emption under Islamic Law
MODULE VI: Hindu Religious Endowment
MODULE VII: Muslim Law of Wakf
MODULE VIII: Family and its changing patterns

C. PEDAGOGY

Interactive approach during the course of learning (Students are supposed to come prepared
for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). The main
tools of teaching may be summarized as under:
• Lectures (PPT’s)with Question and Answer Sessions
• Case Law Analysis
• Assignments
• Simulation Exercises- CRE’s
D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each)

Total hours per week: 4 hours per week.
Total number of session’s: 48

E. EVALUATION & GRADING

Description Weight age Schedule

1. Internal Examination 30% Detailed Below

2. Mid-term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

School of Law January-May 2018

 Internal Assessment: Marks 100 (shall be done based on the following 5 components):

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the following
5 components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment-1 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Court Room Exercise 20 Marks (Memorial + Presentation)
Or
Case Comment 20 Marks (Case Brief + Presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks

Four components will be used for internal assessment for this course (Total 100 marks),
the details of each component are as follows:

a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be hand
written, to submit/present on a definite date fixed for the same. It will have 20%
weightage for internals. Individual Viva-voce will be conducted on the assignment.

b) Projects/Presentations /Case Analysis

a. Every student will be given individual topic, Land mark current and old Cases
covering the syllabus.
b. Students are supposed to go through primary/secondary data to submit Abstract,
Synopsis and Final draft of the project.
c. Final draft of the project should be submitted in minimum 10 pages.
d. Students are also required to give their presentation by the due date unless an
extension has been granted. Extensions must be requested by email prior to the
due date.

School of Law January-May 2018

 e. The duration of a group presentation will be 10 minutes; followed by 5-10 minutes
discussion/query session
f. It will have 20% weightage for internals.

c) Snap tests
a. There will be two snap tests during the course of semester.
b. One snap test will be conducted before mid-semester and the second one will be
conducted before end-semester.
c. The components of the snap test would include multiple choice questions/short
answer type questions/problem based questions.
d. Prior information will be given regarding the snap test.
e. It will have 20% weightage for internals.

d) Grand Viva –voce

a. Viva-voce would be conducted for each student for five minutes for evaluating his/her
subject knowledge and practical learning in the class.
b. It will have 20% weightage for internals.

e) Attendance
a. It will have 20% weightage for internals.
b. Formula for attendance marks

67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks

Mid- Semester Examination: 20% Weightage

Sem. examination shall be of two hours duration and shall be a combination of objective type
questions/short answer questions/ memory based general questions, conceptual questions,
analytical questions and application based/problem based questions.

End -Semester Examination: 50% Weightage

End-Semester examination shall be of three hours duration. End-Term examination shall be of

three hours duration and shall be a combination of objective type questions/short answer type
questions/ memory based general questions, conceptual questions, analytical questions and
application based/problem based questions.

School of Law January-May 2018

 Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the “highest marks in the class
scored by a student in that subject (in that class/group class)” individually in
both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in that
paper.

Attendance

Students are required to have minimum attendance of 75% in each subject. Students with
less than said percentage shall NOT be allowed to appear in the end semester examination.
The student obtaining 100% attendance would be given 5% bonus marks for internal
assessment.

Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in
the class room.

E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to
access the LMS system regularly. Regularly, important information – Date of conducting
class tests, guest lectures, syndicate sessions etc. to the class will be transmitted via e-
mail/LMS. The best way to arrange meetings with us or ask specific questions is by email
and prior appointment. All the assignments preferably should be uploaded on LMS.
Various research papers/reference material will be mailed/uploaded on LMS time to time.

School of Law January-May 2018

F. DETAILED SESSION PLAN

SESS
TOPIC READINGS PEDAGOGY
ION
MODULE I: Hindu Poonam Pradhan Saxena,  Chalk & Talk
Joint Family Family Law Lectures II(pp.  Examples
53-98)
Mitakshara Joint Family:  Discussion
1. -Dr.Paras Diwan and
Mitakshara coparcenaries  PPT Presentation
Peeyushi Diwan, Family
formation and incidents
Law(pp 388-396)  Random
questions
 Chalk & Talk
Poonam Pradhan Saxena,  Examples
Property under
Family Law Lectures II
Mitakshara Law:  Discussion
(pp.105- 142 )
2. separate property and -Dr.Paras Diwan and  PPT Presentation
coparcenaries property  Random
Peeyushi Diwan, Family
Law(pp 388-396) questions

-Poonam Pradhan Saxena,

Family Law Lectures
II(pp.99-104)
-Dr.Paras Diwan and
Peeyushi Diwan, Family
Law(pp 409-411)
Relevant case laws:C.N  Chalk & Talk
Dayabhaga Arunachalam v. C.A.  Examples
Muruganath Mudaliar AIR  Discussion
coparcenaries:
1953 SC495,Comissioner of  PPT Presentation
3. formation and
Income Tax,Bombay  Random
incidents, Property
v.Gomedalli questions
under Dayabhaga Law
Lakshminarayan AIR1935
Bom.412,Rosie Marie
v.CWT AIR1970 Mad.249
Sachin & Anr versus
Jhabbu Lal &
AnrRSA136/2016&CMNo
19123/2016(Del)

School of Law January-May 2018

 Karta of the Joint
Poonam Pradhan Saxena,
Family : who can be Family Law Lectures  Chalk & Talk
Karta, His /Her II(pp143-152)  Examples
position, powers, -Dr.Paras Diwan and  Discussion
4. privileges and Peeyushi Diwan, Family  PPT Presentation
obligation. Difference Law(pp 400-403)  Random
between Mitakshara Makhan Singh v Kulwant questions
Singh (AIR 2007 SC 1808)
and Dayabhaga
R. Kuppayee v Raja Gounder
Coparcenary (2004) 1 SCC 295
Asha v Rajkumar Mehta &
Ors.( 2017) HP

 Chalk & Talk

-Poonam Pradhan Saxena,  Examples
Family Law Lectures II  D
(pp.143-152) i
-Dr.Paras Diwan and s
Peeyushi Diwan, Family
c
Law(pp 400-403)
RelevantCases:Nopany u
Conti…Karta of the Joint Investment(Pvt.)v.Santokh s
5
Family SinghAIR2008SC673 s
i
o
n
 PPT Presentation
 Random
Questions

Poonam Pradhan Saxena,  Chalk & Talk

Family Law Lectures II (pp.  Examples
161-194)  Discussion
Alienation of property: -Dr.Paras Diwan and
6  PPT Presentation
Separate and coparcenary Peeyushi Diwan, Family  Random
Law(pp412-424)Relevant Questions
Cases:Balmukund

School of Law January-May 2018

 v.KamlawatiAIR1964SC138
5,Dev Kishan v.Ram Kishan
AIR2002Rajasthan370

-Poonam Pradhan Saxena,

Family Law Lectures
II(pp.195-208)
 Chalk & Talk
Debts: Doctrine of -Dr.Paras Diwan and
 Examples
Pious Obligation and Peeyushi Diwan, Family
Antecedent debt Law(pp 425-429)  Discussion
7 Relevant Cases:Luhar  PPT Presentation
Amritlal Nagji v.Doshi  Random
Jayantilal Jethalal&Others Questions
AIR1960SC964

 Chalk & Talk

Partition- Concept, Poonam Pradhan Saxena,
 Examples
Family Law Lectures
subject matter, modes,  Discussion
II(pp.209-254)
8 how partition effected -Dr.Paras Diwan and  PPT Presentation
Peeyushi Diwan, Family  Random
Law(pp 430-452) Questions

-Poonam Pradhan Saxena,

Family Law Lectures
II(pp.209- 254)  Chalk & Talk
Conti.. Partition – -Dr.Paras Diwan and  Examples
persons who can Peeyushi Diwan, Family  Discussion
9 demand partition & Law(pp 430-452  PPT Presentation
who are entitled to Harsha Nitin Kokate vs The  Random
share on partition Saraswat Co-Op. Bank Ltd. Questions
& Ors
2010(112)BomLR2014

Conti. Partition- Rules -Poonam Pradhan Saxena,  Chalk & Talk

relating to division of Family Law Lectures II(pp.  Examples
10 209-254)
property, Reopening of  Discussion
-Dr.Paras Diwan and
Partition, Reunion Peeyushi Diwan, Family  PPT Presentation

School of Law January-May 2018

 Law(pp430-452)  Random
Relevant Cases:Kakamanu Questions
Pedassubhayya v.
Kakamanu Akkmma AIR
1968 SC 1042

-Poonam Pradhan Saxena,  Chalk & Talk

MODULE II: Intestate Family Law Lectures  Examples
Succession II(pp.378-402)  Discussion
Devolution of interest -Dr.Paras Diwan and  PPT Presentation
11 in Mitakshara Peeyushi Diwan, Family  Random
Coparcenary property Law(pp 475-480) Questions
under the HSA,1956

 Chalk & Talk

-Poonam Pradhan Saxena,  Examples
Family Law Lectures
General Principle of  Discussion
II(pp.405-410)
12 Inheritance under Hindu
-Dr.Paras Diwan and  PPT Presentation
Law  Random
Peeyushi Diwan, Family
Law(pp 485-488) Questions

-Poonam Pradhan Saxena,

Family Law Lectures II(pp.
 Chalk & Talk
307-332)
-Dr.Paras Diwan and  Examples
Succession to property of
Peeyushi Diwan, Family  Discussion
Hindu male dying
13 Law(pp. 466-479)  PPT Presentation
intestate under the Hindu
Succession Act, 1956 Prakash and others v  Random
Phulvati and others Civil Questions
The Repealing and Amen Appeal No.7217 of 2013
ding Act, 2015

-Poonam Pradhan Saxena,  Chalk & Talk

Conti…Succession to Family Law Lectures  Examples
property of Hindu II(pp.307- 332)
 Discussion
male dying intestate -Dr.Paras Diwan and
14
Peeyushi Diwan, Family  PPT Presentation
under the Hindu
Law(pp 466-479)  Random
Succession Act, 1956
RelevantCases:R.Kantha v. Questions
Union of India AIR 2010
School of Law January-May 2018
 Karn.27,Gurupad
Khandappa Magdum v.
Hirabai Khandappa
Magdum AIR 1978
SC1239,Om Prakash v.
Radha Charan 2009
(7)SCALE51,Bhagat Ram
v. Teja Singh AIR 2002
SC1,M.Yogendera and
others v. N. Leelamma and
others (2009) 15 SCC184
Ganga Prasad v Munna Lal
& Ors. AIR 2017 All.
Dayanan Rajan & Anr. V
Ram Lal Khattar 2018 Del.
HC

-Poonam Pradhan Saxena,  Chalk & Talk

Family Law Lectures II(pp.  Examples
Stridhan concept, 333-361)  Discussion
characteristics & -Dr.Paras Diwan and
15  PPT Presentation
sources Peeyushi Diwan, Family  Random
Law(pp.453-459) Questions

-Poonam Pradhan Saxena,  Chalk & Talk

Family Law Lectures II(pp.  Examples
362-377)  Discussion
16 Succession to property of -Dr.Paras Diwan and  PPT Presentation
Hindu female dying Peeyushi Diwan, Family  Random
intestate under the Hindu Law(pp. 480-483) Questions
Succession Act, 1956

-Poonam Pradhan Saxena,  Chalk & Talk

Disqualifications of
Family Law Lectures II(pp.  Examples
17 heirs relating to
410- 421)  Discussion
succession -Dr. Paras Diwan and  PPT Presentation
School of Law January-May 2018
 Peeyushi Diwan, Family  Random
Law(pp 483- 484) Questions

-Poonam Pradhan Saxena,  Chalk & Talk

General rules of Family Law Lectures II  Examples
succession & exclusion (pp.505-509; 513-514)  Discussion
18 from succession under -Dr.Paras Diwan and  PPT Presentation
Islamic law: Shia & Peeyushi Diwan, Family  Random
Sunni Law (pp. 495-498) Questions

-Poonam Pradhan Saxena,  Chalk & Talk

Family Law Lectures II(pp.  Examples
Classification of heirs 515-542;542-558)  Discussion
under Hanafi and -Dr.Paras Diwan and
19  PPT Presentation
Ithna Asharia School Peeyushi Diwan, Family  Random
Law (pp. 499-519) Questions

-Poonam Pradhan Saxena,  Chalk & Talk

Conti…Classification Family Law Lectures II (pp.  Examples
of heirs under Hanafi 515-542;542-558)  Discussion
20 and Ithna Asharia -Dr.Paras Diwan and  PPT Presentation
School Peeyushi Diwan, Family  Random
Law(pp 499-519) Questions

- Poonam Pradhan
Saxena, Family Law
Lectures II(pp. 515-542;542-
Their shares and 558)
 Chalk & Talk
distribution of -Dr.Paras Diwan and
Peeyushi Diwan, Family  Examples
21 property, Disqualified
Law(pp.499- 523)  Discussion
heirs
Relevant Cases:Mussa  PPT Presentation
Miya Walad Mohammad  Random
Shaffi v.Kadar Bax Walad Questions
Khaj Bax AIR 1928 PC108
Succession under -Flavia Agnes, Family  Chalk & Talk
Indian Succession Act Laws And Constitutional  Examples
22 1925- Rules in cases of Claims(pp.65-74 )  Discussion
intestate other than -Prof. G.C.V.Subba Rao’s,  PPT Presentation
Parsi Family Law In India(pp.  Random
School of Law January-May 2018
 719-724) Questions

Flavia Agnes, Family Laws  Chalk & Talk

And Constitutional  Examples
Special rules for Parsi Claims(pp. 75-83)  Discussion
23 Intestate Mary Roy v State of Kerala  PPT Presentation
1986 AIR 1011  Random
Questions

 Chalk & Talk

-Prof. G.C.V.Subba Rao’s,
MODULE III: Family Law In India (pp. 729-  Examples
Testamentary 767)  Discussion
24 Succession  PPT Presentation
Will under ISA,1925- Of  Random
will and Codicil Questions

 Chalk & Talk

-Prof. G.C.V.Subba Rao’s,  Examples
Execution of Family Law In India (pp. 729-  Discussion
25 unprivileged & 767)  PPT Presentation
privileged wills  Random
Questions

-Prof. G.C.V.Subba Rao’s,

Family Law In India (pp. 729-
767)

Relevant Cases: Sri Devi v.  Chalk & Talk

Jayaraja Shetty AIR2005 SC  Examples
Attestation ,
780,Vallamatton V. Union of  Discussion
revocation, alteration
26 India AIR 2003 SC  PPT Presentation
& revival of will 2902,Clarence Pais v.Union of  Random
India AIR 2001 SC 1151 Questions

-Prof. G.C.V.Subba Rao’s, Family Law In

School of Law January-May 2018
 27 India(pp 511)  Chalk & Talk
 Examples
Will under Hindu law-
 Discussion
Sec 30, HSA 1956;
 PPT Presentation
 Random
Questions

Will under Islamic  Chalk & Talk

Law- Competence Of -Poonam Pradhan Saxena,  Examples
Testator , testamentary Family Law Lectures  Discussion
28 limitations II(pp.)479-496)  PPT Presentation
-Dr.Paras Diwan and Peeyushi Diwan,
 Random
Family Law(pp. 526- 535) Questions

 Chalk & Talk

MODULE IV:  Examples
Disposition intervivos -Dr.Paras Diwan and  Discussion
Gift under Hindu Peeyushi Diwan, Family
29  PPT Presentation
Law- Transfer of Law(pp. 536-538)
 Random
Property Act 1882
Questions

 Chalk & Talk

Hiba-meaning & -Poonam Pradhan Saxena,  Examples
characteristics, who Family Law Lectures II (pp.  Discussion
can make and to whom 451-478)
31  PPT Presentation
Hiba, classification of -Dr.Paras Diwan and
Peeyushi Diwan, Family  Random
Hiba.
Law(pp. 539- 555) Questions

Hiba during Marz –ul- -Poonam Pradhan Saxena,

maut, revocation of Family Law Lectures II (pp.
Hiba, Musha, 451-478; 497-504)
 Chalk & Talk
Distinction between -Dr.Paras Diwan and
Peeyushi Diwan, Family  Examples
Hiba, Ariya, Sadaqa &
Wakf, Hiba-ba- Law(pp. 539-555)  Discussion
32-33 Shartul- iwaz, Hiba- Relevant Case :Valia  PPT Presentation
bil-iwaz Peedikkandi Katheesa Umma  Random
v. Pathakkalan Narayanath Questions
Kunhamu AIR 1964
SC275,Saish Kumar v Smt.
Poonam (2017)Uttranchal
HC Karnail singh v state of
School of Law January-May 2018
 Punjab & Anr.(2017P&H)
Nitin Shibhare v smt Anjali
shiv hare( 2017) M.P Satish
Kumar v Smt. Poonam
(2017)Uttranchal HC
Karnail singh v state of
Punjab & Anr.(2017P&H)
Nitin Shibhare v smt Anjali
shiv hare( 2017) M.P
MODULE V: Pre-  Chalk & Talk
-Prof. G.C.V.Subba Rao’s,
emption under Islamic
Family Law In India (pp. 613-  Examples
Law
615)  Discussion
34-35 Pre-emption –  PPT Presentation
-Mulla Principles of 
Definition, Random
Mahomedan Law (pp.203-
Classification, Subject Questions
222)
matter
Conti.. Formalities &
legal effects, when -Prof. G.C.V.Subba Rao’s,  Chalk & Talk
right lost, Family Law In India (pp.  Examples
Constitutional validity 613-615)  Discussion
36 -Mulla Principles of  PPT Presentation
Mahomedan Law (pp.203-  Random
222) Questions

MODULE VI: Hindu  Chalk & Talk

Religious Endowment  Examples
Traditional Religious -Dr.Paras Diwan and  Discussion
37-38 principles of creation, Peeyushi Diwan, Family  PPT Presentation
Administration & Law(pp.556-573)  Random
Offices Questions

Conti.. Statutory  Chalk & Talk

methods of creation of  Examples
-Dr.Paras Diwan and
trust, Powers &  Discussion
Peeyushi Diwan, Family
functions of Trustees 
39-40 Law(pp. 556-573) PPT Presentation
Relevant Cases: Badrinath v.  Random
Smt.PunnaAIR1979SC1314 Questions

-Dr.Paras Diwan and  Chalk & Talk

41-42 MODULE VII: Muslim Peeyushi Diwan, Family  Examples
School of Law January-May 2018
 Law of Wakf Law(pp. 574-588)  Discussion
-Prof. G.C.V.Subba Rao’s,  PPT Presentation
Wakf- meaning, Family Law In India (pp.591-
essentials & formalities  Random
600) Questions
for creation
Relevant Cases:The Durgah
Committee,Ajmer v. Sayed
Hussain Ali AIR 1961 SC
1402
-Dr.Paras Diwan and  Chalk & Talk
Peeyushi Diwan, Family  Examples
Conti… Powers of Law(pp.589- 593)  Discussion
43 Mutawalli -Prof. G.C.V.Subba Rao’s,  PPT Presentation
Family Law In India  Random
(pp.591- 600) Questions
 Chalk & Talk
-Dr.Paras Diwan and
Peeyushi Diwan, Family  Examples
Muslim Religious Law(pp.594- 600)  Discussion
44 institutions & Offices  PPT Presentation
-Prof. G.C.V.Subba Rao’s,  Random
Family Law In India Questions
(pp.591- 600)
-Dr.Paras Diwan and
Conti…Muslim Peeyushi Diwan, Family
Religious institutions Law(pp.594-600)  Chalk & Talk
& Offices -Prof. G.C.V.Subba Rao’s,
 Examples
Family Law In India
(pp.591- 600)  Discussion
45 Muslim Welfare Committee &  PPT Presentation
Ors. v Punjab Wakf board  Random
Committee & Ors. (2015) P&H Questions
HC
Auilur Rehman v State of
Jharkhand (2017) Jharkhand
HC.
 Chalk & Talk
 Examples
MODULE VIII  Discussion
:Family & it’s
46-48 Class Notes  PPT Presentation
changing patterns
 Random
Processes of social
change in India Questions
Settlement of Spousal 

School of Law January-May 2018

 property

Dedicated meeting time for the students 4pm to 5pm every day

G. SUGGESTED READINGS:

G: 1 TEXT BOOKS:
 Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis
 Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006
 Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011
 Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia & Company,2010

G: 2 REFERENCE BOOKS

 Asaf A.A. Fyzee, Outline of Mohammedan Law, Oxford University Press,2008

 Flavia Agnes, Marriage, Divorce, and Matrimonial Litigation, Oxford University
Press,2011
 Mayne’s, Hindu law & usages, Bharat Law House, 2008
 Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2012
 Mulla, Principles of Mahomedan Law, Lexis Nexis Butterworths Wadwa, 2012
 S.A.Desai, Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2008
 Syed Khalid Rashid’s , Muslim law, Eastern Book Company, 2008

G: 3 Bare Acts
 Indian Succession Act, 1925
 The Hindu Succession Act, 1956
 The Hindu Succession Amendment Act, 2005
 The Wakf Act,1954
 The Repealing and Amending Act, 2015
 Transfer of Property Act 1882

G: 4 Journals/Magazines

 AIR
 Economic and Political Weekly
 Journal of Indian Law Institute
 Supreme Court Cases
 The Practical Lawyer
G: 5 Web Sources
 AIR Database
 JSTOR
School of Law January-May 2018
  SCC Online
 Westlaw Database
 Hein Online
 Manupatra

H. Instructions

a) Students are expected to read the concerned session’s contents in advance before
coming to the class.
b) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion,
current practices, examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present their
views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she
will lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

Annexure-I

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW

B.A., LL.B. (Hons.) Labor/Criminal Laws

B.A., LL.B. (Hons.) Energy Laws
B. TECH., LL.B.ET&IPR, CS & Cyber Law (Hons.)
B.B.A., LL.B. (Hons.) Banking, Finance & Insurance
International Trade & Investment Law
B. COM., LLB. (Hons.) Taxation Laws
B.B.A., LL.B.(Hons.) Corporate Laws

SEMESTER –IV, VI

School of Law January-May 2018

 ACADEMIC YEAR: 2017-18 SESSIONS: JANUARY-MAY

ASSIGNMENT – NUMBER

FOR

Family Law-II

(LLBL202)

Under the Supervision of: Ms. Shambhavi Sinha

(TO BE FILLED BY THE STUDENT)

NAME: _______________________

SAP NO: _______________________

ROLL NO ----------------------------------

Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)

General Question- subject matter

Write short notes on any four of the following:

1. Doctrine of Pious Obligation

2. Deemed Partition
3. Charitable trust
4. Hiba -bil-iwaz
5. Unprivileged Will
6. Mutawali

Section B (20 marks)- Conceptual Question

(Attempt all questions. Each questions carry equal marks)

Q.no.11“Waqf is a dedication in perpetuity of some specific property for a pious purpose.”

Justify the statement.

Q. no.12 Section 14 of the Hindu Succession Act, 1956, makes the property of a Hindu female
to be her absolute property. Discuss fully the implications of this section.
School of Law January-May 2018
Q.no.13“The right of pre-emption or shufa is a right to acquire by compulsory purchase, in
certain cases, in preference to all other persons”. Explain

Section C (20 marks)- Analytical question

(Attempt all questions. Each questions carry equal marks)

Q. no. 14 What are the general rules of succession under the Hindu Succession Act, 1956.
Also highlight the notable features of Hindu Succession Amendment Act, 2005?

Q. no. 15 “Unconditional transfer of property made immediately and without any exchange or
consideration by one person to another and accepted by and on behalf of the latter” Elucidate
the statement.

Q. no. 16 “The legal declaration of the intention of the testator with respect to his property
which he desires to be carried into effect after his death.” Explain the statement and draw a
line of distinction between Hindu Law and Muslim Law.

Section D (50 marks)

(Attempt all questions. All questions carry equal marks)
- Application Based Question

Q.no.17. The testator had three daughters and four sons. Property was bequeathed in favour of
two sons, and daughter was excluded. Reasons were given for making the unequal distribution
in the will, viz., that the daughters and other two sons were earlier given their share during
partition of the property. The scribe had categorically stated in his testimony that the will was
scribed by him at the dictation of the testator; the two attesting witnesses had deposed that the
testator had signed the will in their presence while in sound disposing state of mind, after
understanding the nature and effect of dispositions made by him. The will was written in ten
pages and the testator had signed each of the pages. Handwriting expert compared the
signatures of the testator with his admitted signatures. Thus, it could be said that the will had
been executed. The mere fact that the testator was aged 80 years and died 15 days after the
execution of the will could not be taken as suspicious circumstances.

a) Whether an unequal distribution of property in a will, per se, is a suspicious circumstance

so as to invalidate the will?
b) Whether a Will can be challenged?

School of Law January-May 2018

Q.no.18. Demarcate the share according to Indian Succession Act, 1925.
a) Andy has two children, and no more, Tim and Georgia. Tim dies before his father, leaving
his wife pregnant. Then Andy dies leaving behind Georgia surviving him, and in due time a
child of Tim is born.

Q.no.19. Examine the validity of Gift:

a) In a gift of a house to the wife, the husband hands over the keys to the done and continues
in the house with his wife.
b) D makes a gift of a house to S and puts him in possession. Thereafter S gives D a diamond
ring as an iwaz and D accepts it. Later, D purports to sell the house to T.
c) Salim is suffering from cancer and is bedridden. He makes a gift of his entire property in
favour of his daughter Salma who was looking after him during illness. He dies within two
months of his making gift leaving behind his son Shahid and daughter Salma. Shahid
challenges the Gift.
d) The grandfather made a gift to a minor without delivery of possession to the existing and
competent guardian of the minor i.e. father.

Q.no. 20. S sells land to B. P, who has a right to pre-empt, on receiving information of the
sale omits, without sufficient cause, to claim his right immediately; makes an offer of the
house to B and also agrees to cultivate the land with B. Suggest remedy if any to P.

Q.no.21. Explain the validity of Will under Muslim Law

a) A is survived by his son and daughter. To the son he bequeaths ¾th of his property and to
the daughter1/4th. The daughter does not consent to the disposition. Explain the validity of
will as per Muslim law.
b) A testator bequeaths Rs.15000 to A, Rs. 30,000 to B and Rs. 45,000 to C by the same Will.
The net value of his assets is 90,000 after payment of his funeral expenses and debts etc.

Q.no.22. Demarcate the shared as per Islamic Law of inheritance:

a) A Muslim woman dies, leaving behind two daughters D1and D2 and a father.

School of Law January-May 2018

b) A Muslim woman W, dies and is survived by her parents M and F and two son’s daughter’s
and son’s son’s daughter.
c) A Muslim man A dies leaving behind two widows, W1 and W2 a full sister S1and the
father F
d) A Muslim male dies and leaves behind his widow W, two full sisters S1 and S2 and parents
M and F.

INSTRUCTIONS TO STUDENTS

ON ASSIGNMENT SOLVING

1. All the questions of the assignment must be handwritten.

2. To answer your assignment questions you need to access multiple information sources
like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.

3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure

that you can provide a logical justification to this view supported by verifiable facts,
figures, statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment

submissions will be run through an anti-plagiarism software (Turnitin).

List of Project Topics

1. Alienation of Coparcenary Property
2. Antecedent Debt
3. Avyavaharika Debt
4. Christian Succession
5. Classification Heirs under Hanafi and Ithna Asharia School
6. Comparative analysis of general principles of succession under Hindu Succession Act,
1956 and Indian Succession Act ,1925

School of Law January-May 2018

 7. Comparative study of Mitakashara and Dayabhaga Laws of Inheritance
8. Comparative study of wills under Islamic Law and Hindu Law
9. Compare and Contrast the concept of Coparcenary in Mitakshara and Dayabhaga
school of Hindu Law
10. Concept of Woman’s Estate and Position under section 14, Hindu Succession
Act,1956
11. Construction and Revocation of Wills
12. Disposition Inter vivos – Gift under Hindu Law
13. Distinction between Hiba, Hiba –bil-iwaz and Hiba – bil- Sharatul – iwaz
14. Diversity of Succession Laws in India: A Study
15. Division of Property on Partition
16. Doctrine of Aul
17. Doctrine of Pious Obligation
18. Doctrine of Radd
19. Doctrine of Representation under Muslim Law
20. Doctrine Representation under Hindu Law
21. Family Waqf
22. Female as Karta
23. Females as coparceners subject to the provisions of Hindu Succession Amendment Act
(2005)
24. Gains of Learning and its relevance as separate Property
25. Gender Equality and Hindu Succession Act
26. Gender Equality under Hindu Succession Act,1956
27. General Rules of Succession and Exclusion of Succession under Islamic Law
28. Hiba during Marz-ul-Maut
29. Hiba, its characteristics and classification
30. Hindu Religious Endowment – Concept and Essentials
31. Illegitimate Children rights to Succession
32. Intestate Succession
33. Karta’s power of Alienation
34. Laws on Testate and Intestate Succession
35. Liability to pay debt
36. Notional Partition with reference to the changes introduced by Hindu Succession
Amendment Act (2005)
37. Partition by Metes and Bounds
38. Persons entitled to share on Partition
39. Pious Obligation of a Daughter
40. Pious obligation of Son
41. Position and Powers of Karta : Whether Females can become Karta
42. Pre-emption,classification and its constitutional validity
43. Rights of Coparceners to challenge Partition
School of Law January-May 2018
 44. Rights of Minor Coparcener
45. Special rules for Parsi Intestate under Indian Succession Act,1925
46. Stridhan – Concept,Sources and Characteristics
47. Succession to Property of Hindu Female dying intestate
48. Succession to Property of Hindu Male dying intestate
49. Succession under Dayabhaga Law
50. Succession under Mitakashara Law
51. Suretyship Debt
52. Testamentary Succession under Indian Succession Act,1925
53. Testate Succession
54. Testate Succession under Indian Succession Act,1925
55. Time Barred Debt
56. Unauthorized Alienation and Consequences
57. Validity of Gift of Musha
58. Wakf , essentials and formalities for creation
59. Wills and Codicils

Annexure-II

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words

It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation

School of Law January-May 2018

 3. Submission of Final Project report after approval of synopsis.
a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both
sides
b. Project must have- Cover page stating Subject name, Title of the Project,
Supervisor name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is
Blue Book 19th Edition) and must mention the same in the research methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.

4. The project work shall

a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment;
and
e. Be satisfactory in presentation so far as language, style and form are concerned

5. The student shall indicate clearly and extensively in his/her project, the following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student independently
or in collaboration with other student(s) endorsed by the student shall form the part of
the submission for evaluation.

7. Every student who spends a specified period of time in an

industry/organization/institute for reasons of work related to his/her project work, with
prior permission from the Coordinator concerned will explicitly acknowledge working
in the relevant industry/organization/institute.

8. All projects submitted by the students will go through the process of plagiarism check
through the anti-plagiarism software (Ternitin). The report produced by the software
will necessarily be as per the standards prescribed by the university. If the report is
below standards the supervisor will reject the project and award zero marks.

School of Law January-May 2018

 Annexure III

CONTINOUS ASSESSMENT SHEET (___________)

Programme Name Semester IV
Faculty Name
Subject Family Law II
LLBL
Subject Code 202
Quiz/Class Assignment/ Project Subject Grand Attendance Total
Test/ Snap Case Comment WorkCourt Viva 100
Test Room Exercise Marks

Enrl. No. Name 20% weightage 20% weightage 20% weightage 20% weightage
20%
weigh
tage
I II Report / Viva
/PPT
10 10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

School of Law January-May 2018

 Annexure IV

Course Calendar-January-May, 2018

S. No. Abstract Synopsis Project Assignment Snap Snap Grand

Test-I Test- Viva
II
Date of 15th Feb. 15thFeb. 15thFebruary 15th April 28 th
10th 25th
submission February April April

School of Law January-May 2018