Documente Academic
Documente Profesional
Documente Cultură
Credits: 04 L T P: 4 0 0
Objective:
Study of Family Law is Unique. It is very different from rest of the civil laws in many ways.
This branch of law touches each and every individual of the society. It governs an integral
part of the life of the individual. In India there is no uniform family law which is applicable
to all. We have a spectrum of personal laws. Each community has its own personal law and
governed by it. The course is designed to analyze the presence of different personal laws for
different community to and to discuss in detail the personal laws of Hindus and Muslims.
Learning Outcomes:
At the end of this course the students will be able to:
1. Understand why different religious people are governed by different personal laws.
2. Understand how these different personal laws have evolved and how the courts
enforce different personal laws for different individuals depending on the religion to
which he/she belong.
3. Analyze the laws related to devolution of ancestral or coparcenary property,
succession to separate property of a Hindu and the Muslim law relating to gifts, wills
and inheritance.
Scheme:
This course is comprised of about 60 lectures of 50 minutes duration divided into Six units
with 9-10 lectures in each unit.
Course Contents:
E. Debts
1. Liability on different property to clear the debt
2. Pious obligation of son
3. Immoral (avyavaharika) debt
4. Antecedent debt
5. Time barred debt
6. Suretyship debts
7. Dayabhaga Law of debts
F. Partition and Reunion
1. Meaning of partition
2. Subject of partition
3. Person entitled to a share on partition
4. Mode of partition
5. Re-opening of partition
6. Re- Union
Unit - II Woman’s property
1. Two categories of woman’s property
2. Stridhana according to smritikars, commentators and judicial decisions
3. characteristic feature of woman’s Estates
Examination Scheme:
Books Recommended
1. A.A.A. Fyzee, Outline of Muhammadan Law
2. Family Law in India by G.C.V. Subba Rao
3. Modern Hindu Law by Paras Diwan
4. Modern Hindu Law by Dr. Kesari
5. Hindu Law by Dr. Sharma
6. J.D.M. Derret, A Critique of Modern Hindu Law, 1970
7. Mayne’s Hindu law
8. Hindu law by Mulla
9. R.K.Agarwala, “Hindu Law”, 20th Ed. Central Law Agency, Allahabad (2002)
Important Acts