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    Family Law LL Course Outline

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    sayan
    course outline of 2nd semester of fam law

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    Family Law LL Course Outline

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    sayan
    124 views6 pages
    course outline of 2nd semester of fam law

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    Family Law Ll Course Outline

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    course outline of 2nd semester of fam law

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    124 views6 pages

    Family Law LL Course Outline

    Uploaded by

    sayan
    course outline of 2nd semester of fam law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    COURSE TITLE: FAMILY LAW II

    COURSE TEACHER: Ms. SAMPA KARMAKAR SINGH, Asst. Prof. (Law), WBNUJS

    COURSE OFFERED TO: 2nd YEAR STUDENTS

    Introduction

    Family Law is an important subject in the LL.B. curriculum. For the convenience of the
    students the Course on Family law has been broadly divided into two semesters as Family Law I
    and Family Law II. Family Law - II deals with the laws relating to laws of succession.
    Succession laws are very unique as unlike the other civil laws as there is lack of uniformity in
    their application with relevant criterion dependent upon the religion and domicile of the parties.
    These laws cover enormous area of domestic relation, nullity of marriage, matrimonial remedies
    of divorce, judicial separation, nullity, maintenance, legitimacy of children, custody,
    guardianship, adoption, joint family, intestate and testamentary succession, gifts and wills etc.
    The long list of topics and multiplicity of diverse family laws some of which are codified while
    others are not , makes it not only vast area of study but also one that governs an integral part of
    life of an individual.
    This course covers succession laws of Hindu, Muslim, Christian and Parsi. Along with
    the codified and uncodified succession laws applicable to different religions, this course will also
    deal with the Indian Succession Act, which provides some uniformity to succession laws if
    parties marry under Special Marriage Act.

    Objective of the Course :


    Family Law –II aims at teaching the law governing different religions underlying the
    provisions in Hindu, Muslim, Christian and Parsi. In particular it aims to:
    a) Encourage students to think critically and analytically
    b) Develop new ideas for legal reforms
    c) Focus on the role of law in creating and reinforcing social values by highlighting the
    inequities and inequalities in the various family concepts across different personal laws
    d) Generate and create an understanding that the law may lead to just or unjust
    consequences.
    e) Sensitize the students on human rights, gender related issues and problems confronting
    them in day to day life.
    f) To familiarize the students in the application of law in the real life situation with
    examples and case studies.

    PART - I : HINDU LAW OF JOINT FAMILY


    Module 1 : Joint Hindu Family and Hindu Coparcenary
    1. Characteristics of Hindu joint family (Mitakshara and Dayabhaga)
    2. Disqualification of a member Hindu Joint Family
    3. Whether Hindu Joint Family and Hindu Undivided Family same
    4. Rights of Members of Joint Family
    5. Composition of Coparcenary (Mitakshara and Dayabhaga)
    6. Difference between Hindu joint Family and Coparcenary
    7. Rights of Coparcenary
    8. Disqualifications of a member form coparcenary
    9. Judicial and Legislative Trends
    i. Surjit lal v CIT, AIR 1976 SC 109.
    ii. Lingappa Gaudan v Esudasen, ILR 27 mad 13.
    iii. Rose Marie v WTA, AIR 1970 Mad 249.
    iv. K Devabalan v M VijayaKumari, AIR1991 Ker 175.
    v. CIT v Sandhya Rani, JT 2001 (3) SC.
    vi. Commissioner of Income- tax v. Gomedalli Lakshminarayan, AIR 1935 Bom.
    412.
    Module 2 : Property in Hindu Law
    1. Kinds of Property
    2. Sources of property
    3. Coparcenary and separate property
    4. Gift from paternal ancestor and property inherited from maternal ancestor
    i. Muhammad Husain Khan v. Babu Kishva Nandan Sahai, AIR 1937 PC 233
    ii. C.N. Arunachala Mudaliar v. C.A. Muruganatha Mudaliar, AIR 1953 SC 495
    iii. Smt. Dipo v. Wassan Singh, AIR 1983 SC 846 21
    iv. Commissioner of Wealth-tax v. Chander Sen, AIR 1986 SC 1753

    Module 3 : KARTA of a Hindu Joint Family


    1. Who can be a Karta?
    2. Status of Karta
    3. Powers and Duties and liabilities of Karta
    i. M/s. Nopany Investments (P) Ltd. v. Santokh Singh (HUF), 2007 (13) JT 448

    Module 4 : Alienation of Hindu Joint Family Property


    1. Alienation by Karta- sales, mortgage and wills
    2. Alienation by father
    3. Alienee’s rights duties and remedies
    4. Pious obligations of the son
    i. Hunoomanprasad Panday v. Mussumat Babooee Munraj Koonweree, (1854-1857)
    6 Moore’s IA 393 (PC)
    ii. Sunil Kumar v. Ram Prakash (1988) 2 SCC 77
    iii. Balmukand v. Kamla Wati, AIR 1964 SC 1385
    iv. Guramma Bhratar Chanbasappa Deshmukh v. Mallappa Chanbasappa, AIR 1964
    SC 510
    v. R. Kuppayee v. Raja Gounder (2004) 1 SCC 295
    vi. Arvind & Abasaheb Ganesh Kulkarni v. Anna & Dhanpal Parisa Chougule, AIR
    1980 SC 645

    Module 5 : Partition of Hindu Joint Family


    1. What is Partition?
    2. Subject Matter of Partition
    3. Partition how effected
    4. Who can claim Partition and who are entitled to a share?
    5. Rules relating to division of proportion
    i. A. Raghavamma v. A. Chenchamma, AIR 1964 SC 136
    ii. Puttrangamma v. M.S. Ranganna, AIR 1968 SC 1018
    iii. Kakumanu Pedasubhayya v. Kakumanu Akkamma, AIR 1958 SC 1042
    iv. Namdev Vyankat Ghadge v. Chanadrakant Ganpat Ghadge, (2003) 4 SCC 71

    PART - II : THE HINDU SUCCESSION ACT, 1956

    Module 6 : Succession of property of a Male Intestate


    1. Application of Hindu Succession Act, 1956
    2. Devolution of Mitakshara property under the Act
    3. General principles of inheritance
    4. Disqualification of Heirs
     Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, AIR 1978 SC
    1239
     Vellikannu v. R. Singaperumal (2005) 6 SCC 622

    Module 7 : Succession of property of a Female Intestate


    1. Hindu Women’s Estate
    2. Law Relating to inheritance
    i. Vaddeboyina Tulasamma v. Vaddeboyina Sesha Reddi, AIR 1977 SC 1944
    ii. Bhura and OthersVs. Kashiram MANU/SC/0265/1994
    iii. Jagannathan Pillai v. Kunjithapadam Pillai, AIR 1987 SC 1493
    iv. Bhagat Ram v. Teja Singh, AIR 2002 SC 1
    v. Omprakash v. Radhacharan, 2009(7) SCALE 51

    PART - III : MUSLIM LAW


    Module 8: Muslim Law relating to Inheritance
    1. General Rules of Inheritance of Sunnis and Shias
    2. Classification of Heirs
    3. Entitlement of Sharers, Residuaries and nearest Kin.
    Module 9 : Law relating to Wills
    1. Capacity to make Will
    2. Subject matter of will
    3. To whom Will can be can be made
    4. Abatement of legacies
    i. Sajathi Bi v Fatima Bibi, AIR 2002 Mad 484

    Module10 : Law relating to Gifts


    1. Meaning and essential of a valid gift
    2. Gift of Musa
    3. Gift made during Marz-ul-Maut
    i. Mussa Miya walad Mahammed Shaffi v. Kadar Bax, AIR 1928 PC 108
    ii. Valia Peedikakkandi Katheessa Umma v. Pathakkalan Narayanath Kunhamu, AIR
    1964 SCC 275
    iii. Abdul Hafiz Beg v. Sahebbi, AIR 1975 Bom. 165
    Module 11 : Law relating to succession in Christian
    1. Intestate succession (Section 32 -49 of Indian Succession Act )

    Module 12 : Law relating to succession in Parsi


    1. Intestate succession (Section 50-56 of Indian Succession Act)
    Law Commission Reports

    1. 66th report on Married women’s property Act


    2. 98th report on Section 24 and 26 of Hindu succession Act
    3. 204th report on Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39
    of 2005
    4. 207th report on section 15 of Hindu Succession Act
    5. 208th report on Section 6 of the Hindu Succession Act
    6. 209th report on Indian Succession Act, 1925
    7. 247th report on Sections 41 to 48 of the Indian Succession Act, 1925 – Proposed Reforms
    Prescribed Legislation:
    1. The Hindu Succession Act, 1956
    2. The Indian Succession Act, 1925
    3. The Hindu Succession (Amendment) Act, 2005.

    Prescribed Books:
    1. Ranganath Misra, Mayne’s Treatise on Hindu Law & Usage (15th ed., 2006)
    2. Satyajeet A. Desai, Mulla Principles of Hindu Law, Vol. I & II (20th ed., 2007)
    3. Poonam Pradhan Saxena, Family Law Lectures, Family Law– II, (2nd ed., 2007)
    4. Paras Diwan and Peeyushi Diwan, Modern Hindu Law (18th ed., 2008)
    5. Duncan M. Derrett, A Critique of Modern Hindu Law (1970)
    6. M. Hidayatullah and Arshad Hidayatullah, Mulla, Principles of Mahomedan Law
    (19th ed., 2008)
    7. Asaf A.A. Fyzee, Outlines of Muhammadan Law (2008)
    8. R. C. Nagpal, Modern Hindu Law, (2008)

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