BAL/BBL314: Course Objectives

BAL/BBL314 FAMILY LAW II L T P C
Version1.1 Date of Approval: 3 1 0 4

Pre-requisites//Exposure Basic understanding of Social structure and Jurisprudence.
co-requisites To know the relevant provisions of Transfer of Property Act

1882, Civil Procedure Code, Indian Constitution and Islamic
Law.
Course Objectives
1. To understand the various concepts and institutions of Hindu Joint Family system.
2. To analyze the concept of succession and its forms i.e. Intestate and testamentary
succession.
3. To examine the women’s estate under different Religious system and statutory
provisions.
4. To understand the concept of bequest under different religious system.
Course Outcomes
On completion of this course, the students will be able to:
1. Shall understand the various concepts and institutions of Hindu joint family system.
2. Shall understand the law and procedures of succession with its different forms i.e. Intestate
and testamentary succession.
3. Shall understand women’s property rights under different Religious system and statutory
provisions.
4. Shall understand the provisions with respect to bequest under different religious practices.
Catalog Description
This Course aims at providing adequate Sociological perspective so that the basic concepts
relating to family are expounded in their social setting. It strives to give an overview of some of
the current problems arising out of the foundational inequalities in the various family concepts.
Another objective of the course is to view family law not merely as a separate system of personal
laws based upon religions but as the one cutting across the religious lines and eventually
enabling us to fulfill the constitutional directive of uniform civil code at least jurisprudentially at
the academic study by identifying the core concepts in marriage laws of all communities to
evolve a uniform civil code devoid of political nest. Succession is one every important way of
transfer of property, of course after the life of the owner of the property. The study shall not
only examine the law as it is and is interpreted by Courts in fact situation, it also shall aim at
understanding the differences in the law of succession, both testamentary and intestate, amongst
various religious groups.
Text Books
1. Dr. U.P.D. Kesari, Modern Hindu Law, Central Law Publication, 9th Edition 2013.
2. Dr. Paras Diwan, Modern Hindu Law, Allahabad Law Agency.
3. Aqil Ahmad, Mohammedan Law, Central Law Agency, 21st Edition.
Reference Books
1. Satyajeet A. Desai, Mulla’s Principles of Hindu Law, Vol. I & II (20th ed., 2007)
2. Paras Diwan, Law of Marriage and Divorce (5th ed., 2008)
3. M. Hidayatulla and Arshad Hidayatulla, Mulla’s Principles of Mohammedan Law (19th ed.,
2006)
4. Tahir Mahmood, Fyzee’s Outlines of Mohammedan Law (3rd ed., 2008)
Course Content
UNIT I: Joint Hindu Family:

 Institution of Joint Family and Joint Family Property and Business;
 Coparcenaries; Dyabhaga & Mitakshara succession;
 Karta – power & function, Karta’s right of alienation of property;
 Pious Obligation;
 Principle of Consanguinity and Primogeniture,
 Principle of Survivorship and Succession
CASES:
 Pushpalatha N.V. v. V.Padma , AIR 2010 Kar.124
 Gurnam Singh v. Pritam Singh & others, AIR 2010, P & H,NOC 938
UNIT II: Intestate Succession:
 General Principles of Succession under Hindu Law, Islamic Law,
 Statutory conditions of disinheritance and disentitlement;
 Doweling house;
 Partition.
CASES:
 Anudhar & Others v. Chandrapati, AIR 2003 SC 4389
 Kenchegowda v. K.B. Krishnappa AIR 2009 NOC 277 Kar
 Devidas Udhao Gaurkar and others v. Smt. Vithabai and others, AIR 2008 Bombay 183
 Satyendra Kumar v. Shakuntala Kumari Verma, AIR 2012 Pat.45
 Nand Kishore and others v. Smt. Rukmani Devi,AIR 2012 NOC Raj.190
 Gundari Koteshwaramma v. Chaukiri Yaandi,AIR 2012 SC 169
UNIT III: Women’s Property:
 Stridhan – concepts and characteristics;
 Sources, principle of succession,
 Comparative analysis of right to property of women under different Religious and

Statutory Law.
CASES:
 Ashok Laxman Kale v. Ujwala Ashok Kale,AIR 2007 Bom.1093 (NOC)
 Smt.Indra Kali v. Ravi Bhan,AIR 2012 M.P.,NOC 256
UNIT IV: Testamentary Succession:
 Power of testamentary succession under various religious and statutory Law under
Hindu and Islamic,
 Abetment of legacy;
 Will and Administration of will – Probate, Codicil, attestation, alteration and revival of
Will
 Kinds of Will, Execution of privileged and unprivileged Will,
CASES:
 Abdul Manan Khan vs Mirtuza Khan AIR 1991
 Syed Bazayet Hussein v. Dooli Chand, (1878) 5 I.A. 211)
UNIT V: Right of Pre-emption:
 Pre-emption, meaning, nature,

 Constitutionality, classification; who can claim the right,
 Formalities and legal effect;
 Legal devices of evading right of pre-emption,; when is the right lost.
CASES:
 Inayatullah vs Gobind Dayal (1885) ILR 7 All 775
 Bishan singh v. khazan singh, 1959 SCR 878.

 Avadh Behari v. Gujadhar 1954 AIR 417
UNIT V: Gift under Islamic Law:
 Hiba – nature and characteristics Kinds of Hiba,

 Conditional and Future Gift,
 Types of Hiba;
 Death-bed gift,
 Revocation of Hiba
CASES:
 Smt Hussenabi v Husensab Hasan AIR 1989 Kant 218.

 Mahboob Sahab v. Syed Ismail and others (1995) 3 SCC 693,
UNIT VI: Wakf:
 Meaning, character,
 Formalities for creation, Administration,
 Mutawali: Power of Mutawali; Muslim Religious Institutions and Offices
CASES:
 Khaliluddin vs Shri Ram 1934
 Garib Das vs M A Hamid AIR 1970
 Md. Ismail vs Thakur Sabir Ali AIR 1962
 Abdul Sakur vs Abu Bakkar 1930
UNIT VII: Hindu Religious Endowment:
 Traditional religious principles of creation,

 Administration and offices; Statutory methods of creation of Trust;
 Trustees: Powers and functions of the Trustees.
CASES:
 Smt.Sarjoo v. Ayodhya Pd.,AIR 1981 SC 798.
 Radha Kant Deo v. The Commissioner of Hindu Religious Charitables, AIR 1981 SC
798
Mode of Evaluation: The theory and lab performance of students are evaluated separately.
Theory
End Term
Components Internal
Examination(ETE)
Marks 40 60
Total 100
Relationship between the Course Outcomes (COs) and Program Outcomes (POs)
Mapping between Cos and Pos

Mapped
Sl. No. Course Outcomes (COs) Programme
Outcomes
Shall understand the various concepts and institutions of
1 1,2,3,5
Hindu joint family system
Shall understand the law and procedures of succession with its
2 different forms i.e. Intestate and testamentary succession. 1,2,3,4,5
Shall understand women’s property rights under different

3 Religious system and statutory provisions. 1,2,3,5
Shall understand the provisions with respect to bequest

under different religious practices.
4 1,2,5
Commitment for Scholarly engagement and societal reform
Develop Ethical, Social and Professional Understanding
Integrate Theory, Doctrine and Practice
Ensure Professional Preparation

Quest for Research and Inquiry
BAL/BBL314 Family Law II 1 2 3 4 5
3 3 2 1 3
1=addressed to small extent
2= addressed significantly
3=major part of
8. Model Question Paper
Galgotias University, Greater Noida

School of Law
Course Name: Family Law-II Max Marks: 100
Course Code: BAL/BBL 414 Time:03.00 hr
Instructions:
1. Attempt all sections.
Section – A (5X1 = 5 Marks & 2X2.5=5 Marks)
(10 Marks)
A) Write a short note on the followings:-
1) Dwelling House
2) Testator
3) Privileged Will
4) Pre-emption
5) Essentials of Will
B)
a) Define Dan (Gift)? Discuss the ‘transfer of gift’ given under The Transfer of Property
Act, 1972?
b) State the validity of gift given to unborn child under Hindu and Muslim law?
Section B (20 Marks)

Q.6 Discuss the general provisions of Succession under Hindu Succession Act 1956 and Decide
the Case :
Ramnath has two sons Molly and Harnam, Molly and Maya are married and have a son Sam, who
is 21, and a daughter Shally, who is 16. Molly's brother Harnam and his wife Radha have a son
Chandram, who is 23, and an adopted daughter named Sheela who is 18. Molly and Harnam also
have a younger sister named Anita, who is 26. Molly and Maya have gotten divorced. Discuss the
division of Ramnath’s property within the coparcency?
Section -C (40 Marks)
Answer any FOUR Questions. (40 Marks)
Q. 7. “A Hindu Joint family system is not a corporation and it has no legal entity distinct and
separate from that of the members who constitute it”. Analyse the Hindu joint family system with
respect to its personality?
Q. 8. ‘A’, being the Karta of the family, resigns and appoint his Grandson ‘B’ with the consent of
the whole family. After 6 months ‘C’ challenge the appointment and raise an argument that the
younger member of the family has no authority to hold the post of Karta. Discuss the appointment
of ‘B’ and also analyse the termination of Karta?
Q.9. ‘A’ has two sons, ‘B’ and ‘C’ and wife ‘AW’ and parents ‘X’ and ‘Y’. ‘B’ has ‘BS’ and ‘BD’,
as son and daughter and wife ‘BW’. The other side ‘C has three sons, Ram, Shyam and Mohan,
and a Wife ‘CW’. ‘B’ dies before the division of property. ‘BS” converts to Muslim Religion,
‘BD’ marries to ‘Raman’, and afterwards ‘A’s wants to disqualify ‘BS’ and ‘BD from the property
on the basis of conversion and marriage. Discuss the validity of disqualification of ‘BD’ and ‘BS’
from the property of ‘A’?
Q.10. Discuss the essentials features of Math’s as discussed by Subrammania Ayyer, J. in the case
of Parthashatra v. Thiruvengada, ILR Mad 340.
Q.11. “A will is the legal declaration of the intention of a testator with respect to his property,
which he desires to be carried into effect after his death”. Compare the construction and
revocation of Will under Hindu and Muslim Law?
Section -D (30 Marks)

Answer ALL Questions.
(30 Marks)
Q.12 “A person, so long as he is alive, is free to deal with his property in any manner he likes. By
making a will, he is free to determine a scheme of distribution of his property after his death. If he
dies without leaving a will than how can his property be divide.” Provide the detailed analysis of
Male succession given under Hindu succession Act, 1956?
Q. 13. a) Abu Hanifa defines Wakf as “the tying up of the substance of a property in the
ownership of the wakf and the devotion of its usufruct, amounting to an aryia, or commodate
loan, for some charitable purpose”. Discuss the construction of Wakf Board of Muslims?
b) ‘A’ wants to appoint ‘B’ as a new Mutawali in the place of ‘C’. Discuss the qualifications and
requirement for the appointment of ‘B’ and provide the procedure for the removal of ‘C’ the
existing Mutawali?

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BAL/BBL314 FAMILY LAW II L T P C

Version1.1 Date of Approval: 3 1 0 4

co-requisites To know the relevant provisions of Transfer of Property Act

3. Aqil Ahmad, Mohammedan Law, Central Law Agency, 21st Edition.

UNIT I: Joint Hindu Family:

 Stridhan – concepts and characteristics;

 Sources, principle of succession,

 Comparative analysis of right to property of women under different Religious and

 Pre-emption, meaning, nature,

 Bishan singh v. khazan singh, 1959 SCR 878.

UNIT V: Gift under Islamic Law:

 Hiba – nature and characteristics Kinds of Hiba,

 Smt Hussenabi v Husensab Hasan AIR 1989 Kant 218.

UNIT VI: Wakf:

UNIT VII: Hindu Religious Endowment:

 Traditional religious principles of creation,

Mapping between Cos and Pos

Shall understand women’s property rights under different

Shall understand the provisions with respect to bequest

Ensure Professional Preparation

8. Model Question Paper

Galgotias University, Greater Noida

Section – A (5X1 = 5 Marks & 2X2.5=5 Marks)

Section B (20 Marks)

Section -C (40 Marks)

Answer any FOUR Questions. (40 Marks)

Section -D (30 Marks)

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