Annexure ‘CD – 01’

COURSE CURRICULUM L T P SW/FW PSDA TOTAL

CREDIT
UNITS
3 - - 2 1 4

Course Title: Family Law II (Wills & Successions)

Credit Units: 4

Course Level: UG
Course Code: LAW126

Course Objectives:
 Family Law II Course is mainly devoted to the study of property relations in the familial
relationship.
 The legal incidence of joint family and the laws of succession according to the personal
laws of Hindus and Muslims shall be discussed in depth to create insights amongst the
students who develop visions and perceptions
 The course promotes thinking on Uniform Civil Code and equality among sexes in
property relations within the family.

Pre-requisites: NIL

Course Contents/Syllabus:
Weightage (%)
Module I: Joint Hindu Family 20%

Mitakshara Joint Family: Mitakshara coparcenaries formation and

incidents, Property under Mitakshara Law: separate property and
coparcenaries property; Dayabhaga coparcenaries: formation and
incidents, Property under Dayabhaga Law, Karta of the Joint Family : His
position, powers, privileges and obligation, Alienation of property:
Separate and coparcenaries, Debts: Doctrine of Pious Obligation and
Antecedent debt, Partition and Re-union , Joint Hindu Family as a social
 security institution and impact of Hindu Gains of Learning Act and
Various Tax Laws on it .
Module II: Dispositions under Muslim Law 25%

A. Testamentary Disposition (Will): Definition and basis, Capacity of

the Legatee, Formalities of a Will; subject matter of Will , Restrictions on
testamentary power of disposition, interpretation of the Will, Revocation
of the Will; Disposition inter vivos (Gift): Gift (Hiba) its definition,
classification and essentials of gift, Who can make gift, to whom gift can
be made, the property which can be subject of Gift; Delivery of
possession, Musha, Revocation of Gifts; Distinction between Hiba,
Ariya, Sadaqa & Wakf, Hiba-bil-Sharituliwad, Gift during death illness
(Marsul Mawt).

Module III: Law of Succession and inheritance among Hindus 25%

Devolution of interest in Mitakshara Coparcenaries, Coparcenaries with

reference to the provisions of Hindu Succession Act, 1956, Succession to
property of Hindu male intestate, Succession to property of Hindu female
dying intestate under the Hindu Succession Act, 1956, Disqualifications
relating to succession.

Module IV: Law of Succession and inheritance among Muslims 20%

General rules of succession; inclusion and exclusion of inheritors to the

property. Classification of heirs under Hanafi and Ithma Asharia School
and their shares and distribution of property.

Module V: Recent Trends in Dispositions 10%

Meaning, Kinds of Waqf, Objects and purpose, Requistes, Rights and

Characteristics, Advantages and disadvantages , Methods of creation of
waqf ;Pre-emption – Origin, Definition, Classification, Subject matter,
formalities, effects, constitutional validity

Course Learning Outcomes:

The outcomes for the course are that at the end the students will be able to:
 Analyse the various laws on succession.
 Appraise theories of partition under Mitakshara and Dayabhaga School of Law
  Compare the Hindu and Muslim laws.
 Comprehend the role and importance of a joint family in Indian Family system.
 Identify the recent trends, emerging in the field of personal laws.

Pedagogy for Course Delivery:

The class will be taught using theory and case based method. In addition to assigning the case
studies, the course instructor will spend considerable time in understanding the concept of
innovation through the eyes of the consumer. The instructor will cover the ways to think
innovatively liberally using thinking techniques.

List of Professional Skill Development Activities (PSDA):

i. Exercises on distribution of Property.

ii. Drafting of deed of Hiba/Waqf/Wasiyat
iii. Preparation of pleadings for a Partition Suit.
iv. Court Visits
v. Legal Consultancy & Chamber Practice.

Lab/ Practicals details, if applicable: NA



Assessment/ Examination Scheme:

Theory L/T (%) Lab/Practical/Studio (%) End Term Examination

40% NA 60%

Theory Assessment (L&T):

Continuous Assessment/Internal Assessment End Term
(_40___ %) Examination
(_60__%)
Components (Drop
down) P/V/S CT A V Presentation
PSDA
Linkage of PSDA
with Internal
Assessment
Component, if any
Weightage (%) 10 10 5 5 10
60
 Lab/ Practical/ Studio Assessment: NA

Continuous Assessment/Internal Assessment End Term

(____ %) Examination
(____ %)
Components (Drop
down
Weightage (%)

Case References:

 C.N. ArunachalaMudaliarv. C.A. MuruganathaMudaliar, AIR 1953 SC 495

 Commissioner of Wealth-Tax v. Chander Sen, AIR 1986 SC 1753
 Omprakashv. Radhacharan, 2009(7) SCALE 51
 Vellikannuv. R. Singaperumal(2005) 6 SCC 622
 Danamma @ SumanSurpur v. Amar CIVIL APPEAL NOS. 188- 189 OF 2018 (SC)

Bloom’s Level > Remembering Understa Applying Analyzing Evaluating Creating

nding
Course
Identify the Compare Comprehe Analyse the
Learning
recent the nd the role various laws on
Outcomes
trends, Hindu and succession.
emerging in and importance
the field of Muslim of a joint
Assessment
personal laws. family in
type/PSDA
laws. Indian
Family
system.

Class Test    
Project    
Viva  
PSDA 1 (Report)    
PSDA 2  
(Presentation)
Text and References:

 Introduction to Muslim Law : Tahir mahmood Second Edition 2017

 Hindu Law Marriage and Divorce: Sukhdev Singh Second Edition 2017
 Laws if India on Religion and religious affairs: Tahir Mahmood.First Edition, 2008
 Modern Indian Family Law : Werner Menski. First Edition, 2016
 Cases and materials on family law : K. Kusum. Second Edition 2010
 Paras Diwan and PeeyushiDiwan, Modern Hindu Law. Twenty Third Edition, 2016
 Modern Hindu law : U.P.D. Kesari. Tenth Edition, 2015
 Textbook on Muslim Law : Rakesh Kumar Singh. Second Edition 2015
 Poonam Pradhan Saxena, Family Law Lectures, Family Law– II, Third Edition, 2011
 Mulla, Principles of Mohomedan Law. Twenty Third Edition , 2017