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Default Sathyabama Institute of Science and Technology B.Com.LL.B - B.Com.LL.B. (Honours) SA

Sathyabama Institute of Science and Technology B.Com.LL.B - B.Com.LL.B. (Honours) SAL1402 Family Law Syllabus


Sathyabama Institute of Science and Technology

SAL1402 FAMILY LAW – II

UNIT 1 – INTRODUCTION 15 Hrs.
Concept of Joint Hindu Family and Coparcenary:Formation and Incidence of coparcenary property underMitakshara and
Dayabhaga Schools- Alienation of Joint Family Property–Karta of Joint Family: Position- Powers and Privileges.
Partition: Division of right and division of property- Persons entitled to demand partition- Re-opening of partition- Re-union

UNIT 2 – THE HINDU SUCCESSION ACT 18 Hrs.
Intestate succession- Succession to the Property of a Male Intestate- Succession to property of Female Intestate- Women’s
Estate- General rules of Succession- Disqualifications- Testamentary Succession.
Changes introduced by Hindu Succession (Amendment) Act, 2005: Women as Coparcenar-Doctrine of Notional Partition-
Special Rules relating to Dwelling House

UNIT 3 – MOHAMEDAN LAW 18 Hrs.
Law relating to Inheritance: General rules of inheritance of Sunnis and Shias- Classification of heirs.
Law Relating to Gifts: Meaning and essentials of a valid gift- Gift of Mushaa- Gift made during Marz-ul-Maut.
Law Relating to Wills: Capacity to make Will- Subject matter of Will- To whom Will can be made- Abatement of legacies.

UNIT 4 – INDIAN SUCCESSION ACT,1925 17 Hrs.
Christian Law of Inheritance- Succession to a Male Intestate- Succession to a Female Intestate
Domicile- Will- Codicil- Interpretation- Revocation of Will- Bequests- Conditional- Contingent or Void Bequest- Legacies-
Probate and Letters of Administration- Executor- Administrators- Succession Certificate.

UNIT 5 – RELIGIOUS AND CHARITABLE ENDOWMENTS 17 Hrs.
Meaning- Kinds and Essentials- Math- Powers and Obligations of Mahant and Shefait- Wakf: Meaning- Kinds- Advantages
and Disadvantages- Pre-emption: Origin- Classification- Effects- Constitutional Validity.
Max. 85 Hours

COURSE OUTCOMES:

On the completion of the course the student will be able to
CO1: This course helps students to understand the property relations in a family and understanding the legal incidence of joint
family and testamentary succession.
CO2: Knowledge and understanding of intestate succession under the act.
CO3: Student gain knowledge of Mohammedan law of inheritance and succession.
CO4: Emphasized on the appraise of property transaction and its nature that exist in Hindu family relations and the importance
of ancestral property and Karta in Hindu family.
CO5: Revolve around the Religious and Charitable Endowments
CO6: This Course will equip the students with the required Professional Skills

TEXT / REFERENCE BOOKS
1. Prof. G.C.V. Subba Rao’s Family Law in India Revised by Prof. (Dr.) T.V. Subba Rao & Prof. (Dr.) Vijender Kumar,
Narender Gogia & Company (10th ed.) (Reprint) 2018
2. Dr. Paras Diwan, Family Law: Allahabad Law House, (11th ed.) 2018
3. Dr. Poonam Pradhan Saxena, Family Law Lectures: Lexis Nexis Publication (4th ed.) 2019
4. Gandhi, B.M., Family Law: Eastern Book Company, New Delhi, (8th ed.) 2012.
5. M. Hidayatullah and Arshad Hidayatullah, Mulla Principles of Mahomedan Law, Lexis Nexis Butterworths Wadhwa
Nagpur (19th ed) 2010

END SEMESTER EXAMINATION QUESTION PAPER PATTERN
Max. Marks:100 Exam Duration: 3 Hrs.
PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks
PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks
PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks
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