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syllabus to family law, Essays (university) of Family Law

university material and other stuff.

Typology: Essays (university)

2018/2019

Uploaded on 05/23/2019

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Family Law – II
Semester III
A. Hindu Law
Module I Adoption and Maintenance
1. Hindu Adoption and Maintenance Act,1956
2. Requisites of a Valid Adoption
3. Right to Maintenance
4. Persons obliged to maintain
Module II- Joint Family and Coparcenary
A. Hindu Coparcenary
1. Formation of Coparcenary – Under Mitakshara and Dayabhaga
2. Coparcenary and Joint Family – Distinction
3. Characteristic Features of Coparcenary
4. Rights of coparceners
5. Coparcener within coparcenary
6. Karta: Legal position, Responsibilities/liabilities and Powers
B. Classification of property
1. Obstructed and unobstructed property
2. Joint family property
3. Separate or Self-acquired Property or Absolute Property
4. Coparcenary Property and its Acquisition
C. Alienation of Coparcenary property
1. Who may alienate Coparcenary Property?
2. Alienation by sole surviving coparcener
3. Alienation by Father and Manager of Coparcenary Property
a) Legal necessity
b) Benefit of estate
c) Performance of Religious and Indispensable duties
4. Burden of proof of necessity
5. Coparcener’s power of Alienations
a) Involuntary Alienations
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Family Law – II Semester III A. Hindu Law Module I Adoption and Maintenance

  1. Hindu Adoption and Maintenance Act,
  2. Requisites of a Valid Adoption
  3. Right to Maintenance
  4. Persons obliged to maintain Module II- Joint Family and Coparcenary A. Hindu Coparcenary
  5. Formation of Coparcenary – Under Mitakshara and Dayabhaga
  6. Coparcenary and Joint Family – Distinction
  7. Characteristic Features of Coparcenary
  8. Rights of coparceners
  9. Coparcener within coparcenary
  10. Karta: Legal position, Responsibilities/liabilities and Powers B. Classification of property
  11. Obstructed and unobstructed property
  12. Joint family property
  13. Separate or Self-acquired Property or Absolute Property
  14. Coparcenary Property and its Acquisition C. Alienation of Coparcenary property
  15. Who may alienate Coparcenary Property?
  16. Alienation by sole surviving coparcener
  17. Alienation by Father and Manager of Coparcenary Property a) Legal necessity b) Benefit of estate c) Performance of Religious and Indispensable duties
  18. Burden of proof of necessity
  19. Coparcener’s power of Alienations a) Involuntary Alienations

b) Voluntary Alienations

  1. Coparcener’s Right to challenge Alienations Module III- Partition and Reunion A. Meaning of partition: Under Mitakshara and Dayabhaga B. What property is Divisible on partition?
  2. Subject matter of partition
  3. Property available for partition
  4. Property not capable of division C. Persons entitled to claim partition D. Person entitled to a share on partition E. Partition how effected or kinds of partition a. What is partial partition b. Partial Partition as to property c. Partial partition as to persons d. Effect of partial partition C. Re-opening of partition D. Re- Union a. Who may reunite b. Effect of reunion Module- IV- The Hindu Succession Act, 1956 A. Intestate Succession B. Succession to a Hindu Male
  5. Heirs of a Hindu Male
  6. Class I Heirs and their Shares
  7. Class II Heirs and their Shares
  8. Agnates and cognates

C. Succession to property of a Hindu Female

  1. Property inherited from Father or Mother
  2. Property inherited from Husband or Father in Law
  1. Competence to inherit
  2. Classes of heirs
  3. Miscellaneous rules General Bibliography
  4. A.A.A. Fyzee, Outline of Muhammadan Law
  5. Family Law in India by G.C.V. Subba Rao
  6. Modern Hindu Law by Dr. U. P. D. Kesari
  7. Mayne’s Hindu law
  8. Hindu law by Mulla
  9. Lexis Nexis “Family Law II” 3 rd^ Edition, 2013
  10. Ahmed Aqil, Textbook of Mohammedan Law”, 24 th^ Ed. 2013, Central Law Agency
  11. Singh Kumar Rakesh, “Textbook on Muslim Law”, 1 st^ Ed, 2011, Universal Law Publishing Co