Family law 2 Syllabus .# simple way to understand the subject and its concepts.. headset recommend..

Unit- I Law applicable to Joint family Concept of Joint Family. Mithakshara and Dayabhaga- differences and features- Coparcenary – changes brought in 2005 - Coparcenary with in a coparcenary-Right s of coparceners. Karta – his duties and powers- Joint family property- Separate property - Incidence of joint family properties- Alienation of joint family properties- setting aside of alienation- - Partition of Joint family - person entitled to claim for partition and to get share- Impartible estates- Partial partition- Reopening of partition.
Unit- II Succession under Hindu Law - Succession under Hindu Law. Hindu Succession Act 1956- Succession of male died intestate and female died intestate- Class-1 , Class-2, Agnates and Cognates- Marumakkathayam- Stridhana and Women’s estate – Debts under Hindu Law – Doctrine of Pious obligation - Changes under the Act 1956- General provision and disqualification under the Act Pre-emptory right under Hindu Law
Unit III Law relating to Inheritance under Muslim Law, Christian law - General principles- Application of doctrine of representation - Administration of estates- Sunni/Hanafi law – Quranic heirs/ sharers –application 25 of doctrine of aul and radd –distribution among residuaries - Distant kindred .Succession under Shia law- Law relating to pre- emptory rights under Muslim law - Succession under Christian law - Relevant provisions under Indian Succession Act-.
Unit IV Law Relating to Gifts and Wills under personal Laws - Meaning of testamentary succession- gift under Hindu Law Muslim law – provisions under Transfer of Property Act- Hiba- Essentials of a valid Hiba – Conditional gift and contingent gifts- Hiba-biliwaz – Hiba-ba – Shartul Iwaz- Revocation of Hiba Donatio mortis causa- Wills under Muslim law-Essentials - restrictions/limits under Muslim law of will- bequeathable one- thirds- abatement of legacies - will under Indian Succession Act- Interpretation of a will- formalities- Revocation of wills.
Unit- V Law Relating Religious and Charitable Endowments – Conditions for a valid dedication- Types of endowments – Maths- Shebaiths- Types of endowments – Doctrine of Cypress – Wakf- meaning- objects- essentials- subject matter - Life interest in wakf- religious purposes- Public and private wakfMutawalli-his appointment- powers and control – Muslim religious endowments.
Suggested Readings PARAS DIWAN- HINDU LAW PARAS DIWAN- MUSLIM LAW Mulla –Muslim Law Paras Diwan –Family Law
NOTES:
Donatio mortis causa
• a gift of personal property made by someone who expects to die in the immediate future, taking full effect only after the donor dies.A Latin term referring to the awareness that death is approaching. In property law, when a party, acting with awareness that their death is approaching, gives something to another party, the resulting gift is known as a gift causa mortis.
• The Dayabhaga (Jimutavahana )and The Mitakshara (Vijnaneswara, on the Yajnavalkya Smriti) are the two schools of law that govern the law of succession of the Hindu Undivided Family Under Indian Law.
What is doctrine of Factum valet?
The doctrine of factum valet states that once an act is done or a fact is accomplished it can't be altered by the written texts of laws. As the fact is considered to be a concrete establishment and is deemed to be legally binding.
Agnates and Cognates- Agnate means a person related to wholly through males either by blood or by adoption. ... Cognate means a person related not wholly through males. Where a person is related to the deceased through one or more females, he or she is called a cognate.
Pre-emptory right Preemptive rights give a shareholder the opportunity to buy additional shares in any future issue of a company's common stock before the shares are made available to the general public.
Religious and Charitable Endowments – Religious Endowments and Wakfs are variations of Trusts which are framed for specific religious purposes e.g. for giving bolster capacities identifying with the god, philanthropy and religion amongst Hindus and Muslims separately.
Doctrine of Cypress- The word cypress means 'as nearly as possible. ' The doctrine of cypress is a principle of the English law of trusts. Under this doctrine, a trust is executed, or carried out as nearly as possible, according to the objects laid down in it.