LLB(HONS)

nd
First Year – 2 Semester Subject Code – H3L2006 Total Credits : 4

Subject Subject Name: FAMILY LAW-II T/L/ L T/ P/R C

Code: ETL S.Lr

H3L2006
Prerequisite : family is one of the important and T 3 1 - 4
prime social institution upon which the society
exist from time immemorial

L : Lecture, T : Tutorial,SLr : Supervised Learning, P: Project, R : Research, C : Credits,

T/L/ETL :Theory / Lab / Embedded Theory and Lab

OBJECTIVES

The Objective of the courses is to train the students to acquaint family is one of the important
and prime social institution upon which the society exist from time immemorial. The concept
governing the family are inheritance, succession, partition. The course is of prime importance
and helps the student to have depth understanding of the concept mentioned above and also
across different religion such as Hindu, Muslim, Christian. The unique concept like Joint family
property, coparcenary, Karta and their powers and duties under Hindu law are analyzed well.
The scheme of succession, partition and religious endowments relating to all religion are
discussed in depth. The concerned legislation regarding the above matters were also outlined to
have a clear picture of the subject. The study of this paper helps in understanding the
comparative approach between testamentary succession and intestate succession and limitation
is provided for the same.

COURSE OUTCOMES (Cos)

Students completing this course were able to

CO1 To have an elementary understanding of the Explore the meaning and difference between
intestate and testamentary succession under various religious laws.

CO2 To analyse the concept of Hindu Joint Family system and coparcenary and also learn about the
 Partition and its effects under HinduLaw.

CO3 To develops the analytical approach regarding the women right under various personal laws

CO4 To understand the concepts like Hiba and Shuffa under MuslimLaw

CO5 To understand and evaluate the concept like religious endowments and their functions in
governing the respective religion

Mapping of Course Outcome with Program Outcome (POs)

Cos/POs PO1 PO2 PO3 PO4 PO5 PO6 PO7 PO8 PO9 PO10 PO11 PO12

CO1 1 - 1 1 1 1 - - 2 - - -

CO2 1 - 1 1 1 1 - - 2 - - -

CO3 - 1 - - - - 1 1 1 1 1 1

CO4 2 3 2 2 2 2 3 3 1 3 3 3

CO5 3 3 3 3 3 3 3 3 2 3 3 3

COs/PSOs PSO1 PSO2 PSO3

CO1 1 3 3

CO2 1 3 3

CO3 - 3 3

CO4 2 1 1

CO5 3 - -
 3/2/1 Indicates Strength Of Correlation, 3 – High, 2- Medium, 1- Low

Category Basic Engg.Science Humani Program Program Open Practical/ Internshi Internshi
ties Project ps/T ps/T
Sciences &social Core Elective Elective echnical echnical

Science Skills Skills

COURSE OUTLINE
MODEL- I: CONCEPT OF HINDU JOINT FAMILY AND COPARCENARY

Hindu Joint Family and Coparcenary – Meaning – Characteristics &Distinction-Rights of

Coparceners and Position of Female Coparceners-Distinction between Mithakshara&
Dayabhaga Coparcenary and Changes introduced by The Hindu Succession (Amendment)
Act,2005-Karta – Position – Powers - Rights and Duties-Ancestral - Separate or Self
Acquired Property & its Sources - Concept of Gains of Learning - Alienation of Hindu Joint
Family Property – Karta’s & Coparcener’s Power of Alienation- Right to Challenge
unauthorized Alienation.

MODEL- II: CONCEPT OF PARTITION AND ITS

CLASSIFICATION

Partition – Meaning - De Facto & De JurePartition-Subject matter of Partition & properties

not capable ofpartition-Persons having Right to Partition & Persons entitled only to Share
inPartition-Partial Partition - Modes of effectingPartition-Re-opening and Re-union
ofPartition.
MODEL- III: INTESTATE SUCCESSION UNDER HINDU LAW
General Principles of Succession under HinduLaw-Succession to Separate/ Divided
property of a Hindu Male dying intestate – class I - class II heirs - Agnates &Cognates-
Succession to Mithakshara Coparcener’s undividedinterest-Disqualifications under the
Hindu Succession Act & its effect onSuccession-Hindu Woman’s Right to Property under
the Hindu Succession Act, 1956 with the changes effected by the Hindu Succession
Amendment Act,2005.

MODEL- IV: INTESTATE SUCCESSION UNDER MUSLIM LAW

& CHRISTIAN LAW

Muslim Law of Succession – Sunni Law of Inheritance – Shia Law of Inheritance–Christian

Law of Inheritance – Relevant provisions under the Indian Succession Act, 1925-
Comparative analysis of right to property of women under different Religious and
StatutoryLaw.

MODEL V: TESTAMENTARY SUCCESSION AND CONCEPT

OF GIFT UNDER ISLAMIC LAW

Testamentary Succession under Hindu, Muslim and ChristianLaw-Limitation to

Testamentation under various Religious and StatutoryLaw-Will and Administration of Will
– Codicil-Lapse, Abatement and Ademption ofLegacies.Probate, Letters of Administration
and SuccessionCertificate-Hiba - Nature and Characteristics of Hiba - Subject matter of
Hiba – Effects ofHiba-Kinds of Hiba – Revocation of Hiba
–Marz-ul-maut-Shuffa-Origin, Definition, Classification, Subject matter, Formalities,
Procedure & Constitutionalvalidity.

MODEL- VI: RELIGIOUS ENDOWMENTS AND PSDA

(Professional Skill Development Activities)

Hindu Religious Endowments-Wakf. - Meaning - Formalities of Creation –Types and

Administration of Wakf-Mutawalli and his powers - Muslim religious Institutions and
Offices-Exercises on Distribution of Property-Drafting a Deed of Hiba/Waqf/Wasiyat-
Preparation of Pleading for a PartitionSuit.

Books for Readings:

Books:

 Dr. Poonam Pradhan Saxena, Family Law Lectures: Family Law

II,LexisNexis Butterworth, India, 4th Edition2018.
 ASAF A.A.Fyzee , Edited and Revised by Tahir Mahmood,
“Outlines of Muhammadan Law”, Oxford University Press,
5thEdition2009.
 Kusum, “Family Law Lectures”, 2003, Lexis Nexis, NewDelhi.
 Mulla, “Principles of Mahomedan Law” by Hidayatullah, 19th Edition.
LexisNexis Butterworth, NewDelhi.
 Dr. Paras Diwan, “Modern Hindu Law”, Allahabad Law
Agency,Faridabad (Haryana),2018.

Journals/Journal Articles:

 Hindu Law - Daughter: A Coparcenar, Kulkarni, K.V. All India Reporter, 2004Mar.
 Hindu Succession (Amendment) Act 2005: An Appraisal, Dash, U.N., All Indian
High Court Cases,2007.
 Hindu Women’s Right to Property (with special reference to The Hindu
Succession Act, 1956), Roy, Sujoy, PRP Journal of Human Rights, 2004, Oct. –
Dec.
 Law Commission of India: Proposal to amend The Hindu Succession Act, 1956
as amended by 39 of 2005: Editor- Madras Law Journal, Madras Law Journal,
2008, Feb.
 Right of a Female Heir to claim Partition in a dwelling house under S.23 of
the Hindu Succession Act, 1956, Kumar, M.R. Pradeep, Madras Law Journal,
1993184(1).

Further Readings:
Books:

 Dr. Paras Diwan, “Muslim Law in Modern India”, Allahabad

LawAgency, Faridabad (Haryana),2016.
 Dr. Qureshi, M.A. - “Muslim Law”, 3rd edn. 2007, Central
 LawPublications, Allahabad.
 Dr. Tahir Mahmood & Dr. Saif Mahmood, Introduction to Muslim Law,
Universal Law Publishing – An imprint of Lexis Nexis,2014.
 R.K.Agarwal, “Hindu Law”, Central Law Agency,2019.
 B.M. Gandhi, “Family Law Vol II”, Eastern Book Company, Lucknow,2013.
 Dr. Paras Diwan’s Family Law, Allahabad Law Agency,2018.

Cases for Guidance:

 P.G.Reddyv. GollaObulamma AIR 1971A.P.,363(F.B.).
 Narain Devi v. RamoDevi AIR 1976 SC2198.
 Rajeshwari Rani v. NirjaGuleri AIR 1977 P&H,123.
 Thotappav. G.Gurusiddappa AIR 1977 Kant,175.
 Nawazish Ali Khan v. Ali Raza Khan 75 I.A.62.
 Commissioner of Income Tax, West Bengal v. Sri Jagannathji AIR 1977 SC1523.
 Yousuf Rawthervs. Sowramma, AIR 1971 Ker.261.
 Sri Jiauddin Ahmed vs. Mrs. Anwara Begum, (1981) GLR358.
 Must. RukiaKhatun vs. Abdul KhaliqueLaskar, (1981) 1 GLR375.
 MasroorAhmed vs. State (NCT of Delhi) &Anr. 2008 (103) DRJ137.
 VaddeboyinaTulasammav. VaddeboyinaSheshaReddi, 1977 SCR(3).
 Jiauddin Ahmed v. Anwara Begum (1981) 1 Gau.L.R.358.
 Masoor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137, para27.
 Nasir v. Sheena 2017 (1) KLT300.
 Shamim Ara vs State of U.P. &Anr. (2002) 7 SCC518.