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Module 01 |
Hindu Joint Family
System : 1.
Evolution of joint family system in India 2.
Institution of Hindu joint family and joint
family property; Family arrangement; Separate or self-acquired property 3.
Coparcenary, Mitakshara and Dayabhaga
coparcenary; Women as coparceners; Rights and powers of coparceners, sole
surviving coparcener; Effect of amendments to the Hindu Succession Act 1956. 4.
Karta, his position, powers and duties;
Father’s powers of alienation; Alienee’s rights and remedies 5.
Partition – under Dyabhaga and Mitakshara
systems; Subject matter of partition; Persons entitled to claim partition and
who get share on partition; Kinds of partition; Principle of survivorship and
representation; Reopening and Reunion |
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Module 02 |
Intestate Succession
: 1.
The Hindu Succession Act, 1956 – Application
of Act; Succession to the property of a Hindu male; Succession to the
property of a Hindu female, stridhana and women’s estate; General provisions
relating to succession; and
disqualifications from inheritance; Escheat 2.
General principles of inheritance under Muslim
law, Law of inheritance applicable to Sunnis and Shias, and the distinction
between the two, Disqualifications 3.
The Indian Succession Act, 1925: Domicile, and
its relevance in succession to property; Consanguinity; Provisions relating
to intestate succession applicable to Parsis and persons other than Parsis;
General principles of succession; |
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Rules of devolution |
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Module 03 |
Testamentary
Succession : 1.
The Indian Succession Act, 1925 : Wills and
codicils; Competence of the testator; Execution of privileged and
unprivileged will; Attestation;
Revocation, alteration and revival of wills; Construction of wills 2.
The Indian Succession Act, 1925 : Vesting of
legacies; Void, onerous, contingent
and conditional bequests; Specific legacies and demonstrative
legacies; Ademption of legacies, lapse of legacies; Election; Gifts in contemplation
of death 3.
The Hindu Succession Act 1956 : Testamentary
succession 4. Will under Muslim law (wasiyat) |
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Module 04 |
Right of Pre-emption
: 1.
Pre-emption under Muslim law (shufa), meaning,
nature, who can claim the right; Subject Matter of shufa; Formalities and
legal effect; Legal devices of evading right of pre-emption : Loss of the
right 2.
Pre-emption under Hindu Law |
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Module 05 |
Gifts under Muslim
Law (Hiba) : 1.
Nature and characteristics of hiba, types of
hiba, donor and donee, what may be given in gift 2.
Essentials of valid gift, exceptions to
general rule; Oral gift and its validity; Registration, Kinds of gifts, Gifts
involving return, Marz-ul-mouth (death-bed gift) 3.
Revocation and revival of gift |
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Module 06 |
Wakf : 1.
Origin and Development of Wakf 2.
Importance, Meaning and Definition,
Characteristics 3.
Essentials, Kinds, formalities for creation,
the Wakif, Objects and Purposes of the Wakf 4.
Administration of Wakf under the Wakf Act,
Appointment, Removal, Powers and Duties of Mutawalli |
Recommended Readings:
1. Poonam
Pradhan Saxena, Family Law Lectures:
Family Law II, LexisNexis, New Delhi.
2. Paruck,
The Indian Succession Act, 1925, N M
Tripathi Private Ltd.
3. Row
Sanjiva, The Indian Succession Act,
Law Book Co.
4. Basu,
Indian Succession Act, Eastern Book
Publication.
5. Diwan,
Law of Intestate and Testamentary
Succession, Wadhwa.
6. Satyajeet
A Desai, Mulla’s, Hindu Law, LexisNexis,
New Delhi.
7. Justice
Ranganath Mishra, Mayne’s Hindu Law and
Usage, Bharat Law House, New Delhi.
8. H.
K. Saharay, Family Law in India,
Eastern Law House, New Delhi.
9. Flavia
Agnis, Family Law Vol I and II,
Oxford University Press, New Delhi.
10. Tahir
Mahmood, Principles of Hindu Law,
Universal Law Publishing, New Delhi.
11. Mulla,
Principles of Mohammedan Law,
LexisNexis, Nagpur.
12. Asaf
A A Fyzee, Outline of Muhammadon Law,
Oxford University Press, New Delhi.
13. Amer
Ali, Mohammedan Law, Vol. I and II,
Eastern Book Company, Luknow.
14. Bharatiya
V P, Sayyad Khalid Rashid’s Muslim Law,
Eastern Book Company, Luknow.
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