Year: 2021-2026

Semester: IV

1. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

2. Course: Family Law-II L:4
3. Program : B.B.A. LLB. (Hons.)
T: 0
4. Target : 50% P: 0
C: 4

COURSE PLAN

Target 50% (marks)

Level-1 40% (population)
Level-2 50% (population)
Level-3 60% (population)

1. Method of Evaluation

UG
Quizzes/Tests, Assignments, class participation (30%)
Mid Examination (20%)
End examination (50%)
*May be keep as per Program (UG/PG)

2. Passing Criteria

Scale UG

Out of 10-point scale SGPA – “5.0” in each semester

CGPA – “5.0”
Min. Individual Course Grade – “C”
Course Grade Point – “4.0”

*For UG, passing marks are 35/100 in a paper

3. Pre-requisites: Have knowledge and understanding about Family Law- I prior to moving
ahead with the Family Law –II subject.
4. Course Objectives:
The following are the objectives:

1. To equip the students with fundamental knowledge of Family Law, the course is designed to
analyze the presence of different personal laws for different community.
2. To prepare the students with strong conceptual and comparative analytical skills. A critical
and comparative study of different Personal laws governing testamentary and intestate
succession i.e., their diversities, similarities, affinities and paradoxes.
3. To develop research, analysis, reasoning and presentation skills in students, covers all major
aspects of the law of succession relating to Hindus, Muslims, Christians and Parsi.
 Year: 2021-2026
Semester: IV

1. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

2. Course: Family Law-II L:4
3. Program : B.B.A. LLB. (Hons.)
T: 0
4. Target : 50% P: 0
C: 4

4. To enable the students to apply the knowledge in legal practice dealing in particular with
fundamental concepts of the joint family, coparcenary, partition, intestate succession as well
as the law relating to gifts, wills, and inheritance under personal laws.

5. Pedagogy
Interactive approach during the course of learning (Students are supposed to come prepared for
the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). Due to Covid19
pandemic and subsequent government guidelines, teaching learning will be conducted through
synchronous and asynchronous online sessions on Blackboard that will include the following
components / main tools as under:

 Lectures (Synchronous and face to face classes)

 Graded/ Ungraded Quizzes/ Discussion Forums
 Random Questioning
 Case Analysis
 Viva Voce
 Presentations
 Random Examples
 Reflections

6. Topics introduced for the first time in the program through this course
 Gender Justice(Marital Rape)
 Family Law and Migration

7. References:
Text Books  Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis

 Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006

 Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011

 Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia &

Company,2010

 Syed Khalid Rashid’s , Muslim law, Eastern Book Company,

2008 Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia &
Company,2010
 Year: 2021-2026
Semester: IV

1. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

2. Course: Family Law-II L:4
3. Program : B.B.A. LLB. (Hons.)
T: 0
4. Target : 50% P: 0
C: 4

 Archana Parashar, Amita Dhanda, Redefining Family Law in

India, Routledge Taylor & Francis Group, 2009

Web resources  AIR Database

 Hein online
 JSTOR
 SCC Online
 Westlaw Database
 www.legalserviceindia.com
 www.vakilno1.com
 www.sudhirlaw.com
Journals  AIR
 Journal of Indian Law Institute
 Supreme Court Cases
 The Madras Law Journal, Vol. II, (1942).
 The Supreme Court Journal, Vol. II, (1966).
 Delhi Law Review, Vol. 14, (1992).
 Journal of Indian Law Institute, Vol. 48, (2006).
 Bombay Law Review, Vol. LXXI,(1969).
 Benaras Law Journal, (1965).
Reference books  Asaf A.A. Fyzee, Outline of Mohammedan Law, Oxford
University Press,2008
 Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis
 Mayne’s, Hindu law & usages, Bharat Law House, 2008
 Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2012
 Mulla, Principles of Mahomedan Law, Lexis Nexis Butterworths
Wadwa, 2012
 S.A.Desai, Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa,
2008
 Syed Khalid Rashid’s, Muslim law, Eastern Book Company, 2008
Articles

Signature of HOD/Dean Signature of Faculty

 Year: 2021-2026
Semester: IV

1. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

2. Course: Family Law-II L:4
3. Program : B.B.A. LLB. (Hons.)
T: 0
4. Target : 50% P: 0
C: 4

Date: Date:
 Year: 2021-2026
Semester: IV

5. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

6. Course: Family Law-II L:4
7. Program : B.B.A. LLB. (Hons.)
T: 0
8. Target : 50% P: 0
C: 4

GUIDELINES TO STUDY THE SUBJECT

Instructions to Students:

1. Go through the 'Syllabus' in the Black Board section of the

website(https://learn.upes.ac.in) in order to find out the Reading List.
2. Get your schedule and try to pace your studies as close to the timeline as possible.
3. Get your on-line lecture notes (Content, videos) at Lecture Notes section.  These are our
lecture notes. Make sure you use them during this course.
4. Check your blackboard regularly
5. Go through study material
6. Check mails and announcements on blackboard
7. Keep updated with the posts, assignments and examinations which shall be conducted on
the blackboard
8. Be regular, so that you do not suffer in any way
9. Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off in
the classroom.
10. E-Mail and online learning tool: Each student in the class should have an e-mail id and a
password to access the LMS system regularly. Regularly, important information – Date of
conducting class tests, guest lectures, via online learning tool. The best way to arrange
meetings with us or ask specific questions is by email and prior appointment. All the
assignments preferably should be uploaded on online learning tool. Various research
papers/reference material will be mailed/uploaded on online learning platform time to
time.
11. Attendance: Students are required to have minimum attendance of 75% in each subject.
Students with less than said percentage shall NOT be allowed to appear in the end
semester examination.

This much should be enough to get you organized and on your way to having a great semester! If
you need us for anything, send your feedback through e-mail to your concerned faculty. Please
use an appropriate subject line to indicate your message details.

There will no doubt be many more activities in the coming weeks. So, to keep up to date with all
the latest developments, please keep visiting this website regularly.
 Year: 2021-2026
Semester: IV

9. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

10. Course: Family Law-II L:4
11. Program : B.B.A. LLB. (Hons.)
T: 0
12. Target : 50% P: 0
C: 4

RELATED OUTCOMES

1. The expected outcomes of the Program are:

PO1 Students will demonstrate conceptual knowledge in core areas of law.

PO2 Students will effectively apply their learnings to practical legal issues.

PO3 Students will be able to exhibit effective law professional skills, employing oral
and written communication, legal research, analysis, rationalization and critical
thinking.

PO4 Students will demonstrate ability to evolve alternative solutions from dynamic
socio-economic and techno-legal perspectives.

PO5 Students will demonstrate desirable qualities to be employable in the relevant

market

PO6 Students will show sensitivity towards ethical, moral and social issues arising in
their professional career.

PO7 Students will exhibit commitment, teambuilding, networking, leadership and

lifelong learning skills to excel in legal world.

Program Specific Outcomes (PSOs) for B.A., LL.B. (Hons.) Energy Law

PSO1 Students will be able to demonstrate conceptual knowledge in core areas of Social
Sciences.
PSO2 Students will be able to demonstrate integrated knowledge of legal principles and
Social Sciences.
PSO3 Students will be able to exhibit skills in practices and procedures of Constitutional
Law/ Criminal Law/ Energy Law.

2. The expected outcomes of the Course are:

 Year: 2021-2026
Semester: IV

9. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

10. Course: Family Law-II L:4
11. Program : B.B.A. LLB. (Hons.)
T: 0
12. Target : 50% P: 0
C: 4

CO 1 Students will be able to understand that the personal laws owe their diversity to
their varied origin, distinct principles and the bulk of substantive law itself.

CO 2 Students will be able to explain and analyse the vital role of personal laws in
governing the conflicting interest of the individuals.

CO 3 Students will be able to apply the principles of personal law of a person which is
determined by his/her membership of the community to which he/she belongs.
CO 4 Students will be able to critically evaluate the intricacies of personal laws in
handling the disputes.

Co-Relationship Matrix
3. B. A., LL.B. (Hons.) Energy Law

Indicate the relationships by1- Slight (low) 2- Moderate (Medium) 3-Substantial (high)

Program
Outcome
s
PO PO PO PO PO PO PSO PSO
PO3
1 2 4 5 6 7 1 PSO 3
Course
2
Outcome
s
CO 1 3 3 3 1 1 2 1 2 2 2
CO 2 2 3 3 3 3 3 - 2 3 2
CO 3 3 3 3 2 2 3 - 2 2 2
CO 4 3 3 3 2 3 3 1 2 2 2
Average 2.7 3 3 2 2.25 2.7 0.5 2 2.25 2
 Year: 2021-2026
Semester: IV

9. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

10. Course: Family Law-II L:4
11. Program : B.B.A. LLB. (Hons.)
T: 0
12. Target : 50% P: 0
C: 4

components
Test/Quiz/case
Mid End
Course Assignment/Project studies/Peer Any other
Semester Semester
Outcomes review

CO 1    
CO 2    
CO3    
CO4    

OVERVIEW OF COURSE DELIVERY/BROAD PLAN OF COURSE COVERAGE

Course Activities:
Sessions: Total No. of Instructional periods available for the course
Sr. Planned
No Description No. of Remarks
From To
. Sessions
MODULE I: Hindu
1. Joint Family 1 16 16

MODULE II: Intestate

2. Succession 17 32 16

MODULEIII:
3. Testamentary 33 36 4
Succession

MODULE IV:
4. Disposition inter vivos- 37 44 8
Gift

MODULE V: Pre-
emption under Islamic 45 48 4
5. Law

6. MODULE VI: Hindu

Religious Endowment 49 52 4
 Year: 2021-2026
Semester: IV

9. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013

10. Course: Family Law-II L:4
11. Program : B.B.A. LLB. (Hons.)
T: 0
12. Target : 50% P: 0
C: 4

MODULE VII: Muslim

7. Law of Wakf 53 56 4

MODULE VIII:
8. Family and its 57 60 4
changing patterns

Signature of HOD/Dean Signature of Faculty

Date: Date:
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

SESSION PLAN: UNIT-I

Lecture
No. Topics to be Covered
 MODULE I: Hindu Joint Family
Introduction of Hindu Joint Family, Types of families-
1 Mitakshara and Dayabhaga, Definition and Nature
Mitakshara coparcenaries formation and incidents
2
3 Property under Mitakshara Law: separate property and
coparcenaries property
Dayabhaga coparcenaries: formation and incidents, Property
4 under Dayabhaga Law

 Difference between Mitakshara and Dayabhaga Joint

5 family and Coparcenary

6  Key Changes brought by Hindu Succession Amendment

Act, 2005
7  Karta of the Joint Family: who can be Karta, His /Her
position and powers
Contd…Karta of the Joint Family- privileges and
8 obligation.

9 Alienation of property: Separate and coparcenary

Persons having right to alienate the property, rights of

10 alienee

11 Debts: Doctrine of Pious Obligation and Antecedent debt

12 Partition- Concept, subject matter, modes, how partition

effected
13 Contd.. Partition – persons who can demand partition &
who are entitled to share on partition
14 Conti. Partition- Rules relating to division of property
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

15 Reopening of Partition

16 Reunion

SESSION PLAN: UNIT-II

Lecture
No. Topics to be Covered

17 MODULE II: Intestate Succession

General Principle of Inheritance under Hindu Law

18 Devolution of interest in Mitakshara Coparcenary property

under the HSA,1956

19  Succession to property of Hindu male dying intestate

under the Hindu Succession Act, 1956
Contd...Succession to property of Hindu male dying
20 intestate under the Hindu Succession Act, 1956 &
The Repealing and Amending Act, 2005
21  Stridhan concept, characteristics & sources

22  Succession to property of Hindu female dying intestate

under the Hindu Succession Act, 1956
23  Rule for devolution of property of Hindu female dying
intestate under the Hindu Succession Act, 1956
24 Disqualifications of heirs relating to succession under
Hindu Succession Act, 1956
25 General rules of succession & exclusion from succession
under Islamic law: Shia & Sunni
26 Classification of heirs under Sunni law, their shares and
distribution of property.
27 Contd…Classification of heirs under Sunni law, their
shares and distribution of property.
28 Classification of heirs under Shia law
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

29 Heirs under Shia law- Shares and distribution of property,

Disqualified heirs
30 Doctrine of Radd and Aul

31 Succession under Indian Succession Act 1925- Rules in

cases of intestate other than Parsi
32 Special rules for Parsi Intestate

SESSION PLAN: UNIT-III

Lecture
No. Topics to be Covered
 MODULE III: Testamentary Succession
33 Will under ISA,1925- Of will and Codicil
34  Execution of unprivileged & privileged wills

35  Attestation , revocation, alteration & revival of will

36 Will under Hindu law- Sec 30, HSA 1956; Will under Islamic Law

SESSION PLAN: UNIT-IV

 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

Lecture Topics to be Covered

No.

 MODULE IV: Disposition intervivos

37 Gift under Hindu Law- Transfer of Property Act 1882

Gift (Hiba) under Muslim Law -Meaning & Characteristics,

38 Essentials of a valid gift

Who can make and to whom Hiba, In whose favour (donee),

39 Subject matter of Gift

Registration of Gift, Constitutional validity of Oral gifts

40

41 Classification of Gifts- Conditional, Contingent & Future gifts

42 Hiba during Marz –ul- maut

43 Revocation of Hiba

44 Distinction between Hiba, Ariya, Sadaqa &Wakf, Hiba-ba-

Shartul- iwaz, Hiba-bil-iwaz

SESSION PLAN: UNIT-V

Lecture Topics to be Covered
No.
45 MODULE V: Pre-emption under Islamic Law
Pre-emption – Meaning, Origin and Development
46
Nature and Subject matter of pre-emption
47 Application of law of pre-emption, The pre-emptor
Formalities & legal effects, when right lost, Constitutional
48 validity
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

SESSION PLAN: UNIT-VI

Lecture Topics to be Covered

No.
MODULE VI: Hindu Religious Endowment
49 Religious endowment-Traditional Religious principles of creation

50 Administration & Offices of Religious Endowment

51 Statutory methods of creation of trust

52 Powers & functions of Trustees
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

SESSION PLAN: UNIT-VII

Lecture Topics to be Covered

No.
 MODULE VII: Muslim Law of Wakf
53 Wakf- meaning, essentials & formalities for creation

54 Powers of Mutawalli

55  Muslim Religious institutions & Offices

56  Contd... Muslim Religious institutions & Offices

SESSION PLAN: UNIT-VIII

Lecture No. Topics to be Covered

57  MODULE VIII: Family & it’s changing patterns
-Industrialization, Urbanization, Modernization, Change in the
Family Structure
58 Changing pattern in the division of labour

59  Settlement of Spousal property

Live-in relationships-palimony, same sex marriages- threat to

traditional family norms
60

GUIDELINES FOR CONTINOUS INTERNAL ASSESSMENT 30% but

evaluated in 100 Marks
1. Project based on Case analysis minimum 5 cases in selected area: Project will
be for 40 Marks. Students have to select the topic of their choice and get it register with me.
First come first will be registered and it will be done in 2 nd week of the semester itself
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4

throughout second week. The project will be submitted after one-month period from the last
date of registration i.e. in 7th week of semester.
a. Facts are case with relevant subject matter from old case to new case in sink.
b. Issues involve in cases and judicial approach
c. Decision of the court with its finding and interpretation of provisions and with changing
times.
d. Critical analysis of all cases altogether
e. Conclusion
f. Suggestions and recommendation
Or

Paper publication in journal or book chapter on this area of syllabus. Students have to
provide the copy of publication with certificate and all details to me for being eligible for
marks.

2. Class Test: test will be for 20 Marks will be taken twice. After completion of one or two
unit the class test will be conducted on the covered syllabus in Class.
3. Case studies Presentation on specific area allocated: it will be for 20 Marks.
Where the students will present cases on the given cases in groups on specified dates.
4. Peer review assignment: It will be for 10 marks, wherein students will be given
assignment and that has to be review and assessed by students on the given rubric. Each
Student have to assess 2 assignment of their fellow classmate which will be available on
blackboard.

Rubrics

Learning Criteria for Criteria for scores Criteria for scores Criteria for scores Criteria for scores above
Outcome scores below 35% between 54% and between 69% and between 84% and 85% Exceptional
Poor 35%" Basic knowledge 55%" 70%" very good performance
Good
Students will The students has Although student have The research on The project research Well done research
demonstrate not done followed parameter given parameter done in original and beyond expectation on
 Year: 2021-2026
Semester: IV

13. Name of the Faculty: Mr. Ishan K. Maheshwari Course Code: CLCC2013
14. Course: Family Law-II L:4
15. Program : B.B.A. LLB. (Hons.)
T: 0
16. Target : 50% P: 0
C: 4
proficiency in research on but in-depth study with following contextualized. set parameter. Covering
innovative ideas, relevant topic as covering all aspects guidelines. However, Expected research on each point in outstanding
theoretical per set not done. Inadequately have failed to go in given area on set research outcome.
framework and parameters. in research on given details of area of parameter
writing of Highly parameter. More project.
research Plagiarized and research required.
copy pasted.

Students will Highly Not upto mark Did good research Covered landmark Gone beyond the set
exhibit research on recent
plagiarized and but failed to cover cases with recent parameter and
command of the legal issues and case
selected topic copy pasted law not covered recent development cases and also legal outstanding research
with latest landmark cases and
in these areas. issues on selected latest issues and cases
issues, case-law recent cases in selected
analysis. area. topic analysis with comparison
Students will be Not covered Just for sake of writing Did good critical Comparative analysis Gone beyond expectation
able to
area selected, on this are wrote but analysis but could and legislative and dealt topic with
comprehend,
critically not compared needed more research have been better with aspects dealt in depth outstanding critical
analyse and
and analysed and analysis more points on with proper analysis and legislative
compare with
other countries comparison and suggestions. comparison with finding
legislation and
analysis loopholes and good
provide
solutions to the suggestions.
existing
problem.