Annexure ‘CD – 01’

FORMAT FOR COURSE CURRICULUM

L T P/S SW/F TOTAL

Course Title: Family Law II W CREDIT
Course Code: LAW 211 UNITS
4 0 0 0 4
Credit Units: 4

Course Objectives:
 Family Law II Course is mainly devoted to the study of property relations in the familial relationship.
 The legal incidence of joint family and the laws of succession – testamentary and intestate – according to the personal laws of Hindus and Muslims shall
be discussed in depth to create insights amongst the students who develop visions and perceptions
 The course promotes thinking on Uniform Civil Code and equality among sexes in property relations within the family.
.
.
Pre-requisites: NIL.

Student Learning Outcomes:

 Analyse the various laws on succession.
 Appraise theories of partition under Mitakshara and Dayabhaga School of Law
 Compare the Hindu and Muslim laws.
 Comprehend the role and importance of a joint family in Indian Family system.
 Identify the recent trends, emerging in the field of personal laws.
Course Contents/Syllabus:
Weightage (%)
Module I: Joint Hindu Family 20%

Mitakshara Joint Family: Mitakshara coparcenaries formation and incidents, Property under Mitakshara Law: separate
property and coparcenaries property; Dayabhaga coparcenaries: formation and incidents, Property under Dayabhaga
Law, Karta of the Joint Family : His position, powers, privileges and obligation, Alienation of property: Separate and
coparcenaries, Debts: Doctrine of Pious Obligation and Antecedent debt, Partition and Re-union , Joint Hindu Family as
a social security institution and impact of Hindu Gains of Learning Act and Various Tax Laws on it .
Module II: Dispositions under Muslim Law 20%

A. Testamentary Disposition (Will): Definition and basis, Capacity of the Legatee, Formalities of a Will; subject matter
of Will , Restrictions on testamentary power of disposition, interpretation of the Will, Revocation of the Will;
Disposition inter vivos (Gift): Gift (Hiba) its definition, classification and essentials of gift, Who can make gift, to
whom gift can be made, the property which can be subject of Gift; Delivery of possession, Musha, Revocation of Gifts;
Distinction between Hiba, Ariya, Sadaqa & Wakf, Hiba-bil-Sharituliwad, Gift during death illness (Marsul Mawt).

Module III: Law of Succession and inheritance among Hindus 20%

Devolution of interest in Mitakshara Coparcenaries, 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, Disqualifications relating to succession.

Module IV: Law of Succession and inheritance among Muslims 20%

General rules of succession; inclusion and exclusion of inheritors to the property. Classification of heirs under Hanafi
and Ithma Asharia School and their shares and distribution of property.

Module V: Waqf 20%

 Meaning, Kinds of Waqf, Objects and purpose, Requistes, Rights and Characteristics, Advantages and disadvantages ,
Methods of creation of waqf ;Pre-emption – Origin, Definition, Classification, Subject matter, formalities, effects,
constitutional validity

Pedagogy for Course Delivery:

The class will be taught using theory and case based method. In addition to assigning the case studies, the course instructor will spend considerable time in
understanding the concept of innovation through the eyes of the consumer. The instructor will cover the ways to think innovatively liberally using thinking
techniques.
Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) TOTAL

100 NOT APPLICABLE

100
Theory Assessment (L&T):
Continuous Assessment/Internal Assessment End Term
Examination
Components (Drop Project & Viva Class Test Internship Attendance
down)

Weightage (%) 10% 10% 5% 5% 70%

Text and References:

 Introduction to Muslim Law : Tahir mahmood

 Hindu Law Marriage and Divorce: Sukhdev Singh
 Laws if India on Religion and religious affairs: Tahir Mahmood
 Modern Indian Family Law : Werner Menski
 Cases and materials on family law : K Kusum
 Family law: law of marriage and divorce in India :Paras Diwan
 Modern Hindu law : U.P.D. Kesari
 Textbook on Muslim Law : Rakesh Kumar Singh