Family Law – II , Semester - III

Hindu Law
Unit I- Joint Family and Coparcenary

A. Mitakshra Joint Family

1. Joint family- Origin its nature and constitution
2. Members of joint Family
3. Composite family
4. Characteristic of joint family
B. Hindu Coparcenary
1. Formation of Coparcenary
2. Coparcenary and joint Family – Distinction
3. Characteristic Features of Coparcenary
4. Rights of coparceners
5. Coparcener within coparcenary
C. Classification of property
1. Joint family property or Coparcenary properties
2. Separate or self acquired property
3. Obstructed and unobstructed property
D. Alienation of Coparcenary property
1. Who may alienate Coparcenary Property
2. Alienation by Father
3. Alienation by sole surviving co-parcener
4. Alienation by Manager of Coparcenary Property
a) Legal necessity
b) Partial necessity
c) Benefit of estate
d) Indispensable duties
5. Burden of proof of necessity
6. Coparcener’s power of Alienations
 a) In voluntary Alienations
b) Voluntary Alienations

7. Coparcener’s Right to challenge Alienations

8. Alieene’s Right and Remedies
9. Family arrangement or Family settlement
E. Coparceners and Coparcenary property under Dayabhaga Law
1. Distinquishing features of Dayabhaga Joint Family
2. Coparceners according to Dayabhaga Law
Unit –II Debts
1. Three sources of Liability
2. Liability on separate property
3. Liability on undivided coparcenary Interest
4. Liability of Joint Family Property
5. Pious obligation of son
6. Immoral (avyavaharika) debt
7. Antecedent debt
8. Time barred debt
9. Suretyship debts
10. Dayabhag Law of debts
11. Rules of Damdupat
Unit III- Partition and Reunion
A. Meaning of partition
B. What property is Divisible on partition
1. Subject of partition
2. Property available for partition
3. Property not capable of division
C. Person entitled to a share on partition
a. Sons, grandsons, and great grandsons
b. Minor coparceners
c. Son Born after partition
 d. Adopted son
e. Illegitimate son
f. Females
g. Alienee

D. Partition how effected or

Mode of partition
a. What is partial partition
b. Partial Partition as to property
c. Partial partition as to persons
d. Effect of partial partition
e. Allotment of shares on partition
E. Re-opening of partition
F. Re- Union
a. Who may reunite
b. Effect of reunion
G. Dhayabhag Law
1. Person entitled to partition
2. Similarity and Distinction between the Mitakshra and the Dayabhag Law

Unit-IV

1. Two categories of woman’s property

2. Stridhana according to smritikars
3. stridhana according to commentators
4. stridhana according to judicial decisions
5. salient features of stridhana
6. Rights of a woman over stridhana
7. Woman’s estate
8. characteristic feature of woman’s Estates

Unit- V- The Hindu Succession Act, 1956

 I Intestate succession

A. Succession to a Hindu Male

1. Heirs of a Hindu Male
2. Class I Heirs and their Shares
3. Class II Heirs and their Shares
4. Agnates and cognates
B. Succession to property of a Hindu Female
1. Property inherited from Father or Mother
2. Property inherited from Husband or Father in Law

C. General rules of Succession

1. Full-blood preferred to half-blood
2. Made of succession of two or more heirs
3. Right of child in womb
4. Disqualifications

II Testamentary succession

1. Wills and Codicils

2. Definition of will
3. Essential Characteristics of a will
4. Persons capable of making a will
5. Privileged and Unprivileged wills
6. Execution of wills
7. construction of wills
 FAMILY LAW- II MUHAMMADAN LAW

Law of Property

Unit- I
Guardianship of Property of a Minor
Gifts or Hiba
Death- bed Gifts
Unit- II
Wakf and Family Endowments

Unit- III
Pre-emption

Unit- IV
Testamentary disposition of property and interpretation of Wills
Death-bed Gifts

Unit- V
Administration of Estates

Unit- VI
Sunni Law of Inheritance

Unit- VII
Shia Law of Inheritance