SVKM’s NarseeMonjee Institute of Management Studies

Name of School – Kirit P. Mehta School of Law

Program: B.A., LL.B. (Hons.) 8101 & B.B.A., LL.B. (Hons.) 8102 Semester: V
Module: Family Law II Module Code:
Teaching Scheme Evaluation Scheme
Lecture Practical Tutorial Term End Examinations
Internal Continuous
(Hours (Hours (Hours (TEE)
Credit Assessment (ICA)
per per per week) (Marks- 50 in
(Marks - 50)
week) week) Question Paper)
4 0 0 4 Marks Scaled to50 Marks Scaled to 50
Pre-requisite: Family Law I
Objectives
● Understanding legal provisions, rules, principles and procedures and conduct legal research
to find solution to any given legal problem in Family Law II.
● Understanding the succession laws, its lacunae and the emerging trends in succession under
the Family Law II module.
Outcomes:
● To enable the students to resolve the legal issues and problems relating to Family Law
(Succession) by application of legal provisions, rules, principles and procedures. (PLO2a)
● To enable the students to provide solutions to the existing issues by identifying the concerns
and lacunae in the existing legal framework of personal laws with the analysis of the
amendments and recent judgements. (PLO1a &PLO4b)
● To undertake doctrinal and empirical legal research and study different judgements in
similar case laws so as to enable them to find solutions and suggest effective recommendations
and suggestions. (PLO2b)
Detailed Syllabus: (per session plan)
Unit Description: Duration
1. Introduction to Succession Laws 3 Hrs.
-Intestate and Testamentary Succession in India
a) History
b) Multiplicity of Succession Laws
c) Applicability Criterion

Basic Reading (Part I- Family Law II by Dr. Poonam Pradhan Saxena)

Reference Reading (1. Administration of Justice in British India; Its Past History
and Present State: Comprising an Account of the laws peculiar to India by Morley,
William H.;
2. Property Rights Of Hindu Women: A Feminist Review Of Succession Laws Of
Ancient, Medieval, And Modern India by DebaratiHalder and K. Jaishankar)

Teaching Pedagogy- Group Discussion

2. Hindu Law 3 Hrs.
-Hindu Joint Family
a) Composition- Classical Concept
b) Ouster of a Member
c) Incidents of Hindu Joint Family

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Protection on Unjust enrischment and undeserved Misery
as essence of Property rights Jurisprudence in Mitakshara by P. Ishwar Bhatt,
2006 JILI 155-174.;
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
2. Commissioner of Income Tax v. GomedalliLakshminarayan, AIR1935 Bom
412;
3. Commissioner of Income Tax v. Sarwan Kumar, (1945)13ITR361)

Teaching Pedagogy- Group Discussion

3. Hindu Law 3 Hrs.
- MitaksharaCoparcenary
a) Formation
b) Who can be coparceners
c) Women as Coparceners (pre and post amendment act, 2005)

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 3 of Family Law II by Dr. Poonam
Pradhan Saxena;
2. Women’s Property Right under the Traditional Hindu Law by Prakash Chand
Jain 2003 JILI 509-536.;
3. Women as Coparceners: Ramifications of the Amended Section 6 of the Hindu
Succession Act, 1956 by Shivani Singhal;
4. BharathaMatha v. R. VijayaRenganathan, AIR2010SC2685;
5. R Sridharan v. Commissioner of Wealth Tax, AIR 1970Mad249)

Teaching Pedagogy- Group Discussion

4. Hindu Law 3 Hrs.
-Mitakshara Coparcenary
a) Ouster from Coparcenary
b) Coparcenary within a Coparcenary
c) Rights of Coparceners

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 3 of Family Law II by Dr. Poonam
Pradhan Saxena
2. R Sridharan v. Commissioner of Wealth Tax, AIR 1970Mad249.
3. KakamanuPedaSubbayya v. KakamanuAkkamma, AIR1958SC1042)

Teaching Pedagogy- Group Discussion

5. Hindu Law 3 Hrs.
-Coparcenary- Karta
a) Who can be a Karta
b) Position of Karta
c) Responsibilities of Karta

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 6 of Family Law II by Dr. Poonam
Pradhan Saxena
2. Nopany Investments (Pvt.) Ltd. V. Santokh Singh, AIR2008SC673
3.Shreya Vidyarathi v. Ashok Vidyarathi, AIR2016SC139
4. Vineeta Sharma v. Rakesh Sharma, on 11th August 2020
5. Ashok Kumar v. CIT, Amritsar, (2001)246ITR261(J&K))
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
Teaching Pedagogy- Group Discussion

6. Hindu Law 3 Hrs.

-Coparcenary- Karta
a) Powers of Karta
-Alienation of Joint Family Property
b) Dharamshastra
c) Legal Necessity

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 6 &8 of Family Law II by Dr. Poonam
Pradhan Saxena
2. Bhowani v. Jagannath, (1909)13CWN309
3. Dev Kishan v. Ram Kishan, AIR2002Raj370
4. Arvind v. Anna, AIR1980SC645)

Teaching Pedagogy- Group Discussion

7. Hindu Law 3 Hrs.
-Alienation of Joint Family Property
a) Benefit of Estate
b) Religious and Indispensable Duties
c) By way of Gift
- Partition
a. De Facto & De Jure Partition
b. Mode of Effecting Partition

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 8 & 10 of Family Law II by Dr. Poonam
Pradhan Saxena
2. Balmukund v. Kamlavati, AIR1964SC1386
3. R. Kuppayee v. Raja Gounder, AIR2004SC1284
4. A. Raghavamma v. A. Chenchamma, AIR1964SC136)

Teaching Pedagogy- Group Discussion

8. Hindu Law 3 Hrs.
-Partition
a. Mode of Effecting Partition
b. Revocation of Partition
c. Rules for Accounting

Basic Reading (Part I- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 10 of Family Law II by Dr. Poonam
Pradhan Saxena
2. KakamanuPedaSubbayya v. KakamanuAkkamma, AIR1958SC1042
3. Puttrangamma v. Ranganna, AIR1968SC1018)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

9. Hindu Law 3 Hrs.
- Partition Questions
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
- Notional Partition
- 2005 Amendment to the Hindu Succession Act.

Basic Reading (Part II-Chapter 10 of Family Law II by Dr. Poonam Pradhan

Saxena )
Reference Reading (Women's Inheritance According To The 2005 Amended
Hindu Succession Act by Florence Laroche- Gissero)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

10. Hindu Succession Act, 1956 3 Hrs.
- Application of the Act
- Succession to the property of a Male Intestate
a. Section 8 of Hindu Succession Act
b. Rules for distribution of the Property (Section 10)

Basic Reading (Part II- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 12 of Family Law II by Dr. Poonam
Pradhan Saxena
2. Daljit Kaur v. Amarjit Kaur, AIR2009P&H118
3. Mohan Singh v. Rajni Kant, SC 2004)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

11. Hindu Succession Act, 1956 3 Hrs.
- Succession to the property of a Male Intestate
a. Practice Question
- Succession to the property of a Female Intestate
a. General Principles
b. Disqualifications
c. Rules for Succession

Basic Reading (Part II- Hindu law by Mulla)

Reference Reading (1. Part II-Chapter 12 of Family Law II by Dr. Poonam
Pradhan Saxena
2. ShahajiKisanAsme v. SitaramKondiAsme, AIR2010Bom24
3. Om Prakash v. RadhaCharan, 2009(7)SCALE51)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

12. Hindu Succession Act, 1956 3 Hrs.
- Succession to the property of a Female Intestate
a. Practice Questions
Muslim Law
- General Rules
- Disqualifications

Basic Reading (A.A.A. Fyzee, Outline of Muhammadan Law)

Reference Reading (1. Part III-Chapter 13 of Family Law II by Dr. Poonam
Pradhan Saxena)
Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
13. Muslim Law 3 Hrs.
- Law of Inheritance under Sunni Law
a. General principles
b. Rules for allotment of shares

Basic Reading (A.A.A. Fyzee, Outline of Muhammadan Law)

Reference Reading (1. Part III-Chapter 17 of Family Law II by Dr. Poonam
Pradhan Saxena)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

14. Muslim Law 3 Hrs.
- Law of Inheritance under Shia Law
c. General principles
d. Rules for allotment of shares

Basic Reading (A.A.A. Fyzee, Outline of Muhammadan Law)

Reference Reading (1. Part III-Chapter 17 of Family Law II by Dr. Poonam
Pradhan Saxena)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

15. Indian Succession Act 3 Hrs.
- Application of the Act
- General Principles governing intestate succession
- Rules in cases of Intestate other than Parsis

Basic Reading (The Indian Succession Act 12Th Edition by Paruck, Lexis
Nexis)
Reference Reading (The Indian Succession Act by B.B. Mitra)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

16. Indian Succession Act 3 Hrs.
- Special Rules for Parsi Intestate Succession

Basic Reading (The Indian Succession Act 12Th Edition by Paruck, Lexis
Nexis)
Reference Reading (The Indian Succession Act by B.B. Mitra)

Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving

17. Indian Succession Act 3 Hrs.
- Testamentary Succession
a. Wills and Codicils
b. Gifts

Basic Reading (The Indian Succession Act 12Th Edition by Paruck, Lexis
Nexis)
Reference Reading (The Indian Succession Act by B.B. Mitra)
Teaching Pedagogy- Group Discussion ; Flow Charts; Problem Solving
18. Testamentary Succession 3 Hrs.
 SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law
- Gifts under Muslim Law
- Wills (Wasiyat) under Muslim Law

Basic Reading (A.A.A. Fyzee, Outline of Muhammadan Law)

Reference Reading (1. Part III-Chapter 14, 15 &16 of Family Law II by Dr.
Poonam Pradhan Saxena)

Teaching Pedagogy- Group Discussion ; Problem Solving

19. Recent Trends in the Succession Laws 3 Hrs.
- Judicial Approach
- Uniform Civil Code

Basic Reading (Uniform Civil Code For India by Shimon Shetreet& Hiram E.
Chodosh; Oxford University Press, 1st Edition 2015)
Reference Reading (1.Vineeta Sharma v. Rakesh Sharma, August 2020, 449 SC
2. V. Kalyanaswamy v. L. Bakthavatsalam, July 2020, 423 SC
3. M. Arumugam v. Ammaniammal&Ors. January 2020, 16 SC)
Teaching Pedagogy- Group Discussion
20 Recent Trends in the Succession Laws 3 Hrs.
Analysis of the 2005 Amendment Act, of the Hindu Succession Act.

Basic Reading (Family Law II by Dr. Poonam Pradhan Saxena, Lexis Nexis; 4th
Edition (2019)
Reference Reading (1. Tracing the process of structuring of a Hindu Women’s
Right to Inheritance, by IshitaKhare, Indian Law Journal.
2. An Analysis of the Decision of the Supreme Court on Equal Coparcenary
Rights of a Daughter by Dr. Gubbi. S. Subba Rao & Mrs. Eugenia Preethi)
Teaching Pedagogy- Group Discussion
Total 60 Hrs.
Text Books:
1. Mulla Hindu Law by Sir DinshawFardunjiMulla, Lexis Nexis; 23rd Edition (2018)
2. Family Law II by Dr. Poonam Pradhan Saxena, Lexis Nexis; 4th Edition (2019)
3. Outline of Muhammadan Lawby A.A.A. Fyzee, Oxford University Press; 5th Edition (2009)
(E-book available)
Reference Books:
1. The Indian Succession Act by Paruck, Lexis Nexis; 12th Edition (2019)
2. Family Law in India by G.C.V. Subba Rao, Gogia Law Academy; 10th Edition (2018)
Any other information:
Details of Internal Continuous Assessment (ICA): 50 Marks
Research Paper: 20 Marks
Seminar: 10 Marks
Viva: 10 Marks
Class Participation: 10 Marks

Twinkle Maheshwary
Signature Signature
(Prepared by Twinkle Maheshwary) (Approved by Dean)
SVKM’s NarseeMonjee Institute of Management Studies
Name of School – Kirit P. Mehta School of Law