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Format No. QSP/7.1/01.

F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27,
2017

UNIVERSITY OF PETROLEUM & ENERGY STUDIES


School of Law
Dehradun
COURSE PLAN

Program : B.A., LL.B. (Hons.) Labor/Criminal Laws


B.A., LL.B. (Hons.) Energy Laws
B. TECH., LL.B.ET&IPR, CS & Cyber Law (Hons.)
B.B.A., LL.B. (Hons.) Banking, Finance & Insurance
International Trade & Investment Law
B. COM., LLB. (Hons.) Taxation Laws
B.B.A., LL.B.(Hons.) Corporate Laws
Subject/Course: Family Law-II
Semester : IV/VI
Session : January 2018 – May 2018
Batch : 2016-2021/2015-2021
Subject Code : LLBL 202
No. of credits : 4
Prepared by : Dr. Mamta Rana Email id:-mrana@ddn.upes.ac.in
Mr. Ashish Jain ashish.jain@ddn.upes.ac.in
Ms. Shambhavi Sinha ssinha@ddn.upes.ac.in
Ms.Nandini Biswas nandini.biswas@ddn.upes.ac.in

Approved
By

_______________________ _______________________
HOD Dean
UPES Campus Tel : +91-135-2770137
“Energy Acres” Fax : +91 135- 27760904
P.O. Bidholi, Via Prem Nagar Website : www.upes.ac.in
Dehradun -248 007 (U K)
COURSE PLAN

Subject: Family Law Course:

B.A., LL.B. (Hons.)


Labor/Criminal Laws,
B.A., LL.B. (Hons.) Energy
Laws, B. TECH.,
LL.B.ET&IPR, CS &
Cyber Law (Hons.), B.B.A.,
LL.B. (Hons.) Banking,
Finance & Insurance
International Trade &
Investment Law,
B.COM.,LLB.(Hons.)
Taxation Laws, B.B.A.,
LL.B (Hons.) Corporate
Laws

Duration: January 2018– May 2018 Subject code: LLBL202

A. OBJECTIVES:

Family Law is the branch of law, which touches each individual of the society. It governs
an integral part of the life of the individual. The fundamentals of Family Law i.e. basic
understanding of the personal laws i.e., Hindus, Muslims, Christians, Parsis & Jews and
the knowledge of law governing marriage, divorce, maintenance and guardianship which
has been covered in the course of Family Law I. Family Law-II deals with laws relating
to Hindu Joint family, devolution of ancestral or coparcenary property, succession to
separate property of a Hindu and the Muslim law relating to gifts, wills and inheritance.

School of Law January-May 2018


The objectives of this course are:

1. The course is designed to analyze the presence of different personal laws for
different community.

2. A critical and comparative study of different Personal laws governing


testamentary and intestate succession i.e. their diversities, similarities, affinities
and paradoxes.

3. Covers all major aspects of the law of succession relating to Hindus, Muslims,
Christians and Parsi.

4. Examines, in particular, fundamental concepts dealing with the joint family,


coparcenary, partition, interstate succession as well as the law relating to gifts,
wills, and inheritance.

Outcome:
Students will be able to understand that the:
 personal laws owe their diversity to their varied origin, distinct principles and
the bulk of substantive law itself.
 personal laws play a vital role in governing the conflicting interest of the
individuals.
 personal law of a person is not determined by his domicile or his nationality
but by his membership of the community to which he belongs.
 students become well versed with the intricacies and applicability of personal
laws in handling the disputes.

The continuous evaluation tools employed are:


1. Quiz/Class Test/ Snap Test (20% weightage)
2. Assignments/Court Room Exercise/ Research Paper/Case analysis (20%
weightage)
3. Project Work Presentation (20% weightage)
4. Subject Grand Viva (20% weightage)
5. Attendance (20% weightage)

School of Law January-May 2018


Program Course’s Personal laws Personal laws Personal law of Students become well
Specific Intended owe their play a vital a person is not versed with the
Intended Student diversity to their role in determined by intricacies and
Student Learning
varied origin, governing the his domicile or applicability of
learning Outcome
Outcomes distinct conflicting his nationality personal laws in
(Program principles and the interest of the but by his handling the disputes.
Specific bulk of individuals. membership of
ISLOs) substantive law the community
for itself. to which he
B.A., belongs.
LL.B.
(Hons.)
Energy
Laws

Students will be able to    


conceptually explain
fundamentals of law
with comparative
understanding of legal
systems that interface
with energy sector.

Students will be able to 


assess the quantitative
and qualitative aspects
of the society as
general and also of the
energy domain
essential for law
professionals.
Students will  
demonstrate effective
application of
lawyering skills and
conceptual
understanding of law to
the issues of energy
sector.

School of Law January-May 2018


Students will be able to  
exhibit effective
corporate law
professional skills,
employing oral and
written communication,
legal research, analysis,
rationalisation and
critical-thinking ability.

Students will  
demonstrate strong
insight of the
procedures and
practices and will use
logical, analytical and
decision making ability
to deal with legal
challenges of energy
world.
Students will be able to   
apply the energy laws to
real life legal problems
faced by the industry.
Students will  
demonstrate sensitivity
towards ethical and
moral issues and have
ability to address them
in the course of their
profession in energy
world.

Students will influence    


others by their
commitment,
leadership, team
building and
networking skills.

Students will exhibit   


lifelong learning skills
essential to excel in
energy legal world.

School of Law January-May 2018


Course’s Continuous Continuous Continuous Continuous Continuous Contin
Intended evaluation evaluation evaluation evaluation evaluation uous
Student Tools Tool -1 Tool-2 Tool -3 Tool -4 evaluat
Learning Quiz/Class Project Subject ion
Outcomes Test/ Snap Assignments/ Work Grand Viva Tool-5
Test Court Room Presentation Attenda
Exercise/ nce
Research
Paper/Case
analysis
personal laws owe their     
diversity to their varied
origin, distinct principles
and the bulk of substantive
law itself.

personal laws play a vital     


role in governing the
conflicting interest of the
individuals.

personal law of a person is     


not determined by his
domicile or his nationality
but by his membership of
the community to which he
belongs.

School of Law January-May 2018


students become well versed     
with the intricacies and
applicability of personal
laws in handling the
disputes.

B. COURSE OUTLINE

It has 8 modules which are as follows:


MODULE I: Hindu Joint Family
MODULE II: Intestate Succession
MODULE III: Testamentary Succession
MODULE IV: Disposition inter vivos- Gift
MODULE V: Pre-emption under Islamic Law
MODULE VI: Hindu Religious Endowment
MODULE VII: Muslim Law of Wakf
MODULE VIII: Family and its changing patterns

C. PEDAGOGY

Interactive approach during the course of learning (Students are supposed to come prepared
for the topics for discussion in the class/ case studies/ Presentations/ Viva-voce). The main
tools of teaching may be summarized as under:
• Lectures (PPT’s)with Question and Answer Sessions
• Case Law Analysis
• Assignments
• Simulation Exercises- CRE’s
D. COURSE COMPLETION PLAN

Sessions: 4 (lectures of 1 hour each)


Total hours per week: 4 hours per week.
Total number of session’s: 48

E. EVALUATION & GRADING


School of Law January-May 2018
Description Weight age Schedule

1. Internal Examination 30% Detailed Below

2. Mid-term Exam 20% Academic Calendar

3. End term Exam 50% Academic Calendar

Internal Assessment: Marks 100 (shall be done based on the following 5


components):

Description Weight age Schedule

1. Continuous Assessment 30% Detailed Below

Continuous Assessment: (Marks 100 - converted to 30- ) shall be done based on the
following 5 components:
a. Two class tests/snap-test/quiz 20 Marks [02 X10 Marks]
b. Assignment-1 20 Marks
c. Project work 20 Marks (Abstract, Synopsis, final draft and
presentation)
Or
Case Comment 20 Marks (Case Brief + Presentation)
d. Subject grand viva 20 Marks
e. Attendance 20 Marks

Four components will be used for internal assessment for this course (Total 100 marks),
the details of each component are as follows:

a) Assignment:
Assignment will be given on the pattern of End Term Examination and it must be
hand written, to submit/present on a definite date fixed for the same. It will have
20% weightage for internals. Individual Viva-voce will be conducted on the
assignment.

b) Projects/Presentations /Case Analysis

a. Project will be divided into 3 to 4 students. The project may comprise of any
landmark, current and old cases covering the syllabus.
b. Students are supposed to go through primary/secondary data to submit
Abstract, Synopsis and Final draft of the project.

School of Law January-May 2018


c. Final draft of the project should be submitted in 10-15 pages.
d. Students are also required to give their presentation by the due date unless an
extension has been granted. Extensions must be requested by email one day
prior to the due date only in inevitable situations.
e. The duration of a group presentation will be 10 minutes; followed by 5-10
minutes discussion/query session
f. It will have 20% weightage for internals.

c) Snap tests
a. There will be two snap tests during the course of semester.
b. One snap test will be conducted before mid-semester and the second one will be
conducted before end-semester.
c. The components of the snap test would include multiple choice questions/short
answer type questions/problem based questions.
d. Prior information will be given regarding the snap test.
e. It will have 20% weightage for internals.

d) Grand Viva –voce


a. Viva-voce would be conducted for each student for five minutes for evaluating
his/her subject knowledge and practical learning in the class.
b. It will have 20% weightage for internals.

e) Attendance
a. It will have 20% weightage for internals.
b. Formula for attendance marks

67-75 % 0 Marks
76-80% 5 Marks
81-85% 10 Marks
86-90% 15 Marks
91%-100% 20 Marks

Mid- Semester Examination: 20% Weightage

Sem. examination shall be of two hours duration and shall be a combination of objective
type questions/short answer questions/ memory based general questions, conceptual
questions, analytical questions and application based/problem based questions.

End -Semester Examination: 50% Weightage

End-Semester examination shall be of three hours duration. End-Term examination shall be


of three hours duration and shall be a combination of objective type questions/short answer
type questions/ memory based general questions, conceptual questions, analytical questions
and application based/problem based questions.

School of Law January-May 2018


Passing Criterion: minimum 40% of the highest marks in the class

Student has to secure minimum 40% marks of the “highest marks in the class
scored by a student in that subject (in that class/group class)” individually
in both the ‘End-Semester examination’ and ‘Total Marks’ in order to pass in
that paper.

Attendance

Students are required to have minimum attendance of 75% in each subject. Students
with less than said percentage shall NOT be allowed to appear in the end semester
examination. The student obtaining 100% attendance would be given 5% bonus marks for
internal assessment.

Cell Phones and other Electronic Communication Devices: Cell phones and other
electronic communication devices (such as Blackberries/Laptops) are not permitted in
classes during Tests or the Mid/Final Examination. Such devices MUST be turned off
in the class room.

E-Mail and LMS: Each student in the class should have an e-mail id and a pass word to
access the LMS system regularly. Regularly, important information – Date of
conducting class tests, guest lectures, syndicate sessions etc. to the class will be
transmitted via e-mail/LMS. The best way to arrange meetings with us or ask specific
questions is by email and prior appointment. All the assignments preferably should be
uploaded on LMS. Various research papers/reference material will be mailed/uploaded
on LMS time to time.

F. DETAILED SESSION PLAN

SESS
TOPIC READINGS PEDAGOGY
ION
MODULE I: Hindu Poonam Pradhan Saxena,  Chalk & Talk
Joint Family Family Law Lectures II(pp.  Examples
Mitakshara Joint 53-98)  Discussion
1. Family: Mitakshara -Dr.Paras Diwan and  PPT
coparcenaries formation Peeyushi Diwan, Family Presentation
and incidents Law(pp 388-396)  Random
questions

School of Law January-May 2018


 Chalk & Talk
Property under Poonam Pradhan Saxena,  Examples
Mitakshara Law: Family Law Lectures II  Discussion
separate property and (pp.105- 142 )  PPT
2.
coparcenaries -Dr.Paras Diwan and Presentation
property Peeyushi Diwan, Family  Random
Law(pp 388-396) questions

-Poonam Pradhan
Saxena, Family Law
Lectures II(pp.99-104)
-Dr.Paras Diwan and
Peeyushi Diwan, Family
Law(pp 409-411)
Relevant case laws:C.N  Chalk & Talk
Dayabhaga Arunachalam v. C.A.  Examples
coparcenaries: Muruganath Mudaliar  Discussion
formation and AIR 1953  PPT
3. SC495,Comissioner of Presentation
incidents, Property
Income Tax,Bombay  Random
under Dayabhaga
v.Gomedalli questions
Law
Lakshminarayan AIR1935
Bom.412,Rosie Marie
v.CWT AIR1970 Mad.249
Sachin & Anr versus
Jhabbu Lal &
AnrRSA136/2016&CMN
o19123/2016(Del)

School of Law January-May 2018


Karta of the Joint
Poonam Pradhan Saxena,  Chalk & Talk
Family : who can be Family Law Lectures
Karta, His /Her  Examples
II(pp143-152)
-Dr.Paras Diwan and  Discussion
position, powers,
Peeyushi Diwan, Family  PPT
4. privileges and
Presentation
obligation. Difference Law(pp 400-403)
Makhan Singh v Kulwant  Random
between Mitakshara
Singh (AIR 2007 SC 1808) questions
and Dayabhaga
R. Kuppayee v Raja Gounder
Coparcenary (2004) 1 SCC 295
Asha v Rajkumar Mehta &
Ors.( 2017) HP

 Chalk & Talk


-Poonam Pradhan  Examples
Saxena, Family Law  D
Lectures II (pp.143-152) i
-Dr.Paras Diwan and s
Peeyushi Diwan, Family
c
Law(pp 400-403)
RelevantCases:Nopany
u
Investment(Pvt.)v.Santokh s
Conti…Karta of the
5 SinghAIR2008SC673 s
Joint Family
i
o
n
 PPT
Presentation
 Random
Questions

Poonam Pradhan Saxena,


 Chalk & Talk
Family Law Lectures II (pp.
161-194)  Examples
-Dr.Paras Diwan and  Discussion
Alienation of property:
Peeyushi Diwan, Family  PPT
6 Separate and
Law(pp412-424)Relevant Presentation
coparcenary
Cases:Balmukund  Random
v.KamlawatiAIR1964SC13 Questions
85,Dev Kishan v.Ram

School of Law January-May 2018


Kishan
AIR2002Rajasthan370

-Poonam Pradhan
Saxena, Family Law
Lectures II(pp.195-208)  Chalk & Talk
Debts: Doctrine of -Dr.Paras Diwan and  Examples
Pious Obligation and Peeyushi Diwan, Family  Discussion
Antecedent debt Law(pp 425-429)  PPT
7 Relevant Cases:Luhar Presentation
Amritlal Nagji v.Doshi
 Random
Jayantilal Jethalal&Others Questions
AIR1960SC964

 Chalk & Talk


Partition- Concept, Poonam Pradhan Saxena,  Examples
Family Law Lectures  Discussion
subject matter, modes,
II(pp.209-254)  PPT
8 how partition effected -Dr.Paras Diwan and Presentation
Peeyushi Diwan, Family  Random
Law(pp 430-452) Questions

-Poonam Pradhan
Saxena, Family Law
Lectures II(pp.209- 254)  Chalk & Talk
Conti.. Partition – -Dr.Paras Diwan and  Examples
Peeyushi Diwan, Family  Discussion
persons who can
Law(pp 430-452  PPT
9 demand partition &
Harsha Nitin Kokate vs Presentation
who are entitled to
The Saraswat Co-Op. Bank  Random
share on partition
Questions
Ltd. & Ors
2010(112)BomLR2014

-Poonam Pradhan  Chalk & Talk


Saxena, Family Law  Examples
Conti. Partition- Rules
Lectures II(pp. 209-254)  Discussion
relating to division of
10 -Dr.Paras Diwan and  PPT
property, Reopening
Peeyushi Diwan, Family Presentation
of Partition, Reunion Law(pp430-452)  Random
Relevant Cases:Kakamanu Questions
School of Law January-May 2018
Pedassubhayya v.
Kakamanu Akkmma AIR
1968 SC 1042

 Chalk & Talk


-Poonam Pradhan  Examples
MODULE II: Saxena, Family Law
Intestate Succession  Discussion
Lectures II(pp.378-402)
Devolution of interest  PPT
-Dr.Paras Diwan and
Presentation
11 in Mitakshara Peeyushi Diwan, Family
 Random
Coparcenary property Law(pp 475-480)
Questions
under the HSA,1956

 Chalk & Talk


-Poonam Pradhan  Examples
General Principle of Saxena, Family Law  Discussion
Inheritance under Hindu Lectures II(pp.405-410)  PPT
12
-Dr.Paras Diwan and Presentation
Law
Peeyushi Diwan, Family  Random
Law(pp 485-488) Questions

-Poonam Pradhan Saxena,


Family Law Lectures II(pp.  Chalk & Talk
307-332)  Examples
Succession to property -Dr.Paras Diwan and  Discussion
of Hindu male dying Peeyushi Diwan, Family  PPT
13 intestate under the Law(pp. 466-479) Presentation
Hindu Succession Act, Prakash and others v
1956  Random
Phulvati and others Civil Questions
The Repealing and Ame Appeal No.7217 of 2013
nding Act, 2015

-Poonam Pradhan  Chalk & Talk


Saxena, Family Law  Examples
Conti…Succession to
Lectures II(pp.307- 332)  Discussion
property of Hindu -Dr.Paras Diwan and  PPT
14 male dying intestate Peeyushi Diwan, Family Presentation
under the Hindu Law(pp 466-479)  Random
Succession Act, 1956 RelevantCases:R.Kantha
Questions
v. Union of India AIR 2010
Karn.27,Gurupad

School of Law January-May 2018


Khandappa Magdum v.
Hirabai Khandappa
Magdum AIR 1978
SC1239,Om Prakash v.
Radha Charan 2009
(7)SCALE51,Bhagat Ram
v. Teja Singh AIR 2002
SC1,M.Yogendera and
others v. N. Leelamma and
others (2009) 15 SCC184
Ganga Prasad v Munna
Lal & Ors. AIR 2017 All.
Dayanan Rajan & Anr. V
Ram Lal Khattar 2018 Del.
HC

 Chalk & Talk


-Poonam Pradhan
 Examples
Saxena, Family Law
Stridhan concept, Lectures II(pp. 333-361)  Discussion
characteristics & -Dr.Paras Diwan and  PPT
15
sources Peeyushi Diwan, Family Presentation
Law(pp.453-459)  Random
Questions

 Chalk & Talk


-Poonam Pradhan
 Examples
Saxena, Family Law
Lectures II(pp. 362-377)  Discussion
Succession to property  PPT
16 -Dr.Paras Diwan and
of Hindu female dying Presentation
Peeyushi Diwan, Family
intestate under the  Random
Hindu Succession Act, Law(pp. 480-483)
Questions
1956

-Poonam Pradhan
 Chalk & Talk
Saxena, Family Law
Disqualifications of  Examples
Lectures II(pp. 410- 421)
17 heirs relating to -Dr. Paras Diwan and  Discussion
succession Peeyushi Diwan, Family  PPT
Law(pp 483- 484) Presentation

School of Law January-May 2018


 Random
Questions

-Poonam Pradhan  Chalk & Talk


General rules of Saxena, Family Law  Examples
succession & Lectures II (pp.505-509;  Discussion
exclusion from 513-514)  PPT
18 -Dr.Paras Diwan and
succession under Presentation
Islamic law: Shia & Peeyushi Diwan, Family  Random
Sunni Law (pp. 495-498) Questions

-Poonam Pradhan  Chalk & Talk


Saxena, Family Law  Examples
Classification of heirs Lectures II(pp. 515-  Discussion
under Hanafi and 542;542-558)  PPT
19 -Dr.Paras Diwan and
Ithna Asharia School Presentation
Peeyushi Diwan, Family  Random
Law (pp. 499-519) Questions

-Poonam Pradhan  Chalk & Talk


Conti…Classification Saxena, Family Law  Examples
of heirs under Hanafi Lectures II (pp. 515-  Discussion
542;542-558) 
20 and Ithna Asharia PPT
-Dr.Paras Diwan and
School Presentation
Peeyushi Diwan, Family  Random
Law(pp 499-519) Questions

- Poonam Pradhan
Saxena, Family Law
Lectures II(pp. 515-
542;542-558)
Their shares and  Chalk & Talk
-Dr.Paras Diwan and
distribution of Peeyushi Diwan, Family  Examples
21 property, Disqualified Law(pp.499- 523)  Discussion
heirs Relevant Cases:Mussa  PPT
Miya Walad Mohammad Presentation
Shaffi v.Kadar Bax Walad  Random
Khaj Bax AIR 1928 Questions
PC108
Succession under -Flavia Agnes, Family  Chalk & Talk
Laws And Constitutional
22 Indian Succession Act  Examples
Claims(pp.65-74 )
1925- Rules in cases of -Prof. G.C.V.Subba  Discussion

School of Law January-May 2018


intestate other than Rao’s, Family Law In  PPT
Parsi India(pp. 719-724) Presentation
 Random
Questions

 Chalk & Talk


Flavia Agnes, Family  Examples
Laws And Constitutional
 Discussion
Special rules for Parsi Claims(pp. 75-83)
Mary Roy v State of Kerala  PPT
23 Intestate
1986 AIR 1011 Presentation
 Random
Questions

 Chalk & Talk


-Prof. G.C.V.Subba Rao’s,  Examples
MODULE III: Family Law In India (pp. 729-
 Discussion
Testamentary 767)  PPT
24 Succession
Presentation
Will under ISA,1925- Of
will and Codicil  Random
Questions

 Chalk & Talk


 Examples
-Prof. G.C.V.Subba Rao’s,  Discussion
Execution of Family Law In India (pp. 729-
 PPT
25 unprivileged & 767)
Presentation
privileged wills
 Random
Questions

-Prof. G.C.V.Subba Rao’s,


Family Law In India (pp. 729-
767)
 Chalk & Talk
Relevant Cases: Sri Devi v.
 Examples
Jayaraja Shetty AIR2005 SC
Attestation ,  Discussion
780,Vallamatton V. Union of
revocation, alteration  PPT
26 India AIR 2003 SC
& revival of will 2902,Clarence Pais v.Union of Presentation
India AIR 2001 SC 1151  Random
Questions

School of Law January-May 2018


 Chalk & Talk
Will under Hindu  Examples
-Prof. G.C.V.Subba Rao’s, Family Law
law- Sec 30, HSA In India(pp 511)  Discussion
1956;  PPT
27
Presentation
 Random
Questions

Will under Islamic Chalk & Talk


Law- Competence Of Examples
-Poonam Pradhan 
Testator , Discussion
Saxena, Family Law
testamentary PPT
28 Lectures II(pp.)479-496)
limitations Presentation
-Dr.Paras Diwan and Peeyushi Diwan,
Family Law(pp. 526- 535)  Random
Questions

 Chalk & Talk


MODULE IV:  Examples
Disposition 
-Dr.Paras Diwan and Discussion
intervivos
Peeyushi Diwan, Family  PPT
29 Gift under Hindu
Law(pp. 536-538) Presentation
Law- Transfer of
Property Act 1882  Random
Questions

 Chalk & Talk


Hiba-meaning &  Examples
-Poonam Pradhan
characteristics, who 
Saxena, Family Law Discussion
can make and to 
Lectures II (pp. 451-478) PPT
31 whom Hiba, -Dr.Paras Diwan and Presentation
classification of Hiba. Peeyushi Diwan, Family  Random
Law(pp. 539- 555) Questions

Hiba during Marz – -Poonam Pradhan  Chalk & Talk


ul- maut, revocation Saxena, Family Law  Examples
of Hiba, Musha, Lectures II (pp. 451-478;  Discussion
Distinction between 497-504)
 PPT
32-33 Hiba, Ariya, Sadaqa & -Dr.Paras Diwan and
Presentation
Wakf, Hiba-ba- Peeyushi Diwan, Family
Shartul- iwaz, Hiba- Law(pp. 539-555)  Random
bil-iwaz Relevant Case :Valia Questions
Peedikkandi Katheesa

School of Law January-May 2018


Umma v. Pathakkalan
Narayanath Kunhamu AIR
1964 SC275,Saish Kumar v
Smt. Poonam
(2017)Uttranchal HC
Karnail singh v state of
Punjab & Anr.(2017P&H)
Nitin Shibhare v smt Anjali
shiv hare( 2017) M.P Satish
Kumar v Smt. Poonam
(2017)Uttranchal HC
Karnail singh v state of
Punjab & Anr.(2017P&H)
Nitin Shibhare v smt Anjali
shiv hare( 2017) M.P
MODULE V: Pre-  Chalk & Talk
emption under Islamic -Prof. G.C.V.Subba Rao’s,  Examples
Law Family Law In India (pp. 613-  Discussion
615)  PPT
34-35 Pre-emption –
Definition, -Mulla Principles of Presentation
Classification, Subject Mahomedan Law (pp.203-  Random
matter 222) Questions

Conti.. Formalities &  Chalk & Talk


legal effects, when -Prof. G.C.V.Subba Rao’s,  Examples
right lost, Family Law In India (pp.  Discussion
Constitutional 613-615)
validity  PPT
36 -Mulla Principles of
Presentation
Mahomedan Law (pp.203-
 Random
222)
Questions

MODULE VI: Hindu  Chalk & Talk


Religious Endowment  Examples
Traditional Religious  Discussion
-Dr.Paras Diwan and
principles of creation,  PPT
37-38 Peeyushi Diwan, Family
Administration & Law(pp.556-573) Presentation
Offices  Random
Questions

Conti.. Statutory -Dr.Paras Diwan and  Chalk & Talk


methods of creation  Examples
Peeyushi Diwan, Family
39-40 of trust, Powers & Law(pp. 556-573)  Discussion
functions of Trustees Relevant Cases: Badrinath v.  PPT
Smt.PunnaAIR1979SC1314 Presentation
School of Law January-May 2018
 Random
Questions

-Dr.Paras Diwan and


MODULE VII: Peeyushi Diwan, Family  Chalk & Talk
Muslim Law of Wakf Law(pp. 574-588)  Examples
-Prof. G.C.V.Subba Rao’s,  Discussion
Wakf- meaning, Family Law In India (pp.591-  PPT
41-42 essentials &
600)
formalities for Presentation
creation Relevant Cases:The  Random
Durgah Committee,Ajmer Questions
v. Sayed Hussain Ali AIR
1961 SC 1402
 Chalk & Talk
-Dr.Paras Diwan and  Examples
Conti… Powers of Peeyushi Diwan, Family  Discussion
Mutawalli Law(pp.589- 593)
43  PPT
-Prof. G.C.V.Subba Rao’s,
Presentation
Family Law In India
(pp.591- 600)  Random
Questions
 Chalk & Talk
-Dr.Paras Diwan and  Examples
Muslim Religious Peeyushi Diwan, Family  Discussion
institutions & Offices Law(pp.594- 600)
 PPT
44
Presentation
-Prof. G.C.V.Subba Rao’s,
Family Law In India  Random
(pp.591- 600) Questions

-Dr.Paras Diwan and


Conti…Muslim Peeyushi Diwan, Family
Religious institutions Law(pp.594-600)  Chalk & Talk
& Offices -Prof. G.C.V.Subba Rao’s,  Examples
Family Law In India  Discussion
(pp.591- 600)  PPT
45 Muslim Welfare Committee &
Presentation
Ors. v Punjab Wakf board
Committee & Ors. (2015) P&H  Random
HC Questions
Auilur Rehman v State of
Jharkhand (2017)
Jharkhand HC.
 Chalk & Talk
46-48 Class Notes  Examples
 Discussion

School of Law January-May 2018


MODULE VIII  PPT
:Family & it’s Presentation
changing patterns  Random
Processes of social Questions
change in India

Settlement of Spousal
property

Dedicated meeting time for the students 3.30 pm to 4.30 pm every day

G. SUGGESTED READINGS:

G: 1 TEXT BOOKS:
 Dr Poonam Pradan Saxena, Family Law II lecturers, Lexis Nexis
 Aquil Ahmad, Mohamedan Law, Central Law Agency, 2006
 Dr. Paras Diwan, Family Law, Allahabad Law Agency,2011
 Prof. G.C.V.Subba Rao’s, Family Law in India, S.Georgia & Company,2010

G: 2 REFERENCE BOOKS

 Asaf A.A. Fyzee, Outline of Mohammedan Law, Oxford University Press,2008


 Flavia Agnes, Marriage, Divorce, and Matrimonial Litigation, Oxford University
Press,2011
 Mayne’s, Hindu law & usages, Bharat Law House, 2008
 Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2012
 Mulla, Principles of Mahomedan Law, Lexis Nexis Butterworths Wadwa, 2012
 S.A.Desai, Mulla, Hindu Law, Lexis Nexis Butterworths Wadwa, 2008
 Syed Khalid Rashid’s , Muslim law, Eastern Book Company, 2008

G: 3 Bare Acts
 Indian Succession Act, 1925
 The Hindu Succession Act, 1956
 The Hindu Succession Amendment Act, 2005
 The Wakf Act,1954
 The Repealing and Amending Act, 2015
 Transfer of Property Act 1882

G: 4 Journals/Magazines

 AIR
 Economic and Political Weekly
 Journal of Indian Law Institute
 Supreme Court Cases
 The Practical Lawyer
G: 5 Web Sources
 AIR Database
School of Law January-May 2018
 JSTOR
 SCC Online
 Westlaw Database
 Hein Online
 Manupatra

H. Instructions

a) Students are expected to read the concerned session’s contents in advance before
coming to the class.
b) The session will be made interactive through active participation from students. The
entire session will be conducted through question-answer, reflections, discussion,
current practices, examples, problem solving activities and presentations etc.
c) In the case study session all students are expected to prepare their analysis and
answers/decisions in their respective groups. Any group may be asked to present
their views and defend the same.
d) All schedules/announcements must be strictly adhered to.
e) The complete syllabus would be covered for Viva-voce and one must be thoroughly
prepared to appear for the viva and strictly appear on given time, otherwise, he/she
will lose the marks.
f) Late entry (Max. 5 minutes from the class timing) in the class will not be allowed.

Annexure-I

UNIVERSITY OF PETROLEUM & ENERGY STUDIES


SCHOOL OF LAW

B.A., LL.B. (Hons.) Labor/Criminal Laws


B.A., LL.B. (Hons.) Energy Laws
B. TECH., LL.B.ET&IPR, CS & Cyber Law (Hons.)
B.B.A., LL.B. (Hons.) Banking, Finance & Insurance
International Trade & Investment Law
B. COM., LLB. (Hons.) Taxation Laws
B.B.A., LL.B.(Hons.) Corporate Laws

SEMESTER –IV, VI

ACADEMIC YEAR: 2017-18 SESSIONS: JANUARY-MAY

ASSIGNMENT – NUMBER

FOR
School of Law January-May 2018
Family Law-II

(LLBL202)

Under the Supervision of: Ms. Nandini Biswas

(TO BE FILLED BY THE STUDENT)

NAME: _______________________

SAP NO: _______________________

ROLL NO ----------------------------------

Section A (10 Marks)

(Attempt all questions. Each questions carry equal marks)


General Question- subject matter

Write short notes on any four of the following:

1. Doctrine of Pious Obligation


2. Deemed Partition
3. Charitable trust
4. Hiba -bil-iwaz
5. Unprivileged Will
6. Mutawali

Section B (20 marks)- Conceptual Question


(Attempt all questions. Each questions carry equal marks)

Q.no.11“Waqf is a dedication in perpetuity of some specific property for a pious purpose.”


Justify the statement.

Q. no.12 Section 14 of the Hindu Succession Act, 1956, makes the property of a Hindu
female to be her absolute property. Discuss fully the implications of this section.

Q.no.13“The right of pre-emption or shufa is a right to acquire by compulsory purchase, in


certain cases, in preference to all other persons”. Explain

Section C (20 marks)- Analytical question


(Attempt all questions. Each questions carry equal marks)

School of Law January-May 2018


Q. no. 14 What are the general rules of succession under the Hindu Succession Act, 1956.
Also highlight the notable features of Hindu Succession Amendment Act, 2005?

Q. no. 15 “Unconditional transfer of property made immediately and without any exchange
or consideration by one person to another and accepted by and on behalf of the latter”
Elucidate the statement.

Q. no. 16 “The legal declaration of the intention of the testator with respect to his property
which he desires to be carried into effect after his death.” Explain the statement and draw a
line of distinction between Hindu Law and Muslim Law.

Section D (50 marks)


(Attempt all questions. All questions carry equal marks)
- Application Based Question

Q.no.17. The testator had three daughters and four sons. Property was bequeathed in favour
of two sons, and daughter was excluded. Reasons were given for making the unequal
distribution in the will, viz., that the daughters and other two sons were earlier given their
share during partition of the property. The scribe had categorically stated in his testimony
that the will was scribed by him at the dictation of the testator; the two attesting witnesses
had deposed that the testator had signed the will in their presence while in sound disposing
state of mind, after understanding the nature and effect of dispositions made by him. The
will was written in ten pages and the testator had signed each of the pages. Handwriting
expert compared the signatures of the testator with his admitted signatures. Thus, it could
be said that the will had been executed. The mere fact that the testator was aged 80 years
and died 15 days after the execution of the will could not be taken as suspicious
circumstances.

a) Whether an unequal distribution of property in a will, per se, is a suspicious circumstance


so as to invalidate the will?
b) Whether a Will can be challenged?

Q.no.18. Demarcate the share according to Indian Succession Act, 1925.


a) Andy has two children, and no more, Tim and Georgia. Tim dies before his father, leaving
his wife pregnant. Then Andy dies leaving behind Georgia surviving him, and in due time a
child of Tim is born.

Q.no.19. Examine the validity of Gift:


School of Law January-May 2018
a) In a gift of a house to the wife, the husband hands over the keys to the done and continues
in the house with his wife.
b) D makes a gift of a house to S and puts him in possession. Thereafter S gives D a diamond
ring as an iwaz and D accepts it. Later, D purports to sell the house to T.
c) Salim is suffering from cancer and is bedridden. He makes a gift of his entire property in
favour of his daughter Salma who was looking after him during illness. He dies within two
months of his making gift leaving behind his son Shahid and daughter Salma. Shahid
challenges the Gift.
d) The grandfather made a gift to a minor without delivery of possession to the existing and
competent guardian of the minor i.e. father.

Q.no. 20. S sells land to B. P, who has a right to pre-empt, on receiving information of the
sale omits, without sufficient cause, to claim his right immediately; makes an offer of the
house to B and also agrees to cultivate the land with B. Suggest remedy if any to P.

Q.no.21. Explain the validity of Will under Muslim Law


a) A is survived by his son and daughter. To the son he bequeaths ¾th of his property and
to the daughter1/4th. The daughter does not consent to the disposition. Explain the validity
of will as per Muslim law.
b) A testator bequeaths Rs.15000 to A, Rs. 30,000 to B and Rs. 45,000 to C by the same
Will. The net value of his assets is 90,000 after payment of his funeral expenses and debts
etc.

Q.no.22. Demarcate the shared as per Islamic Law of inheritance:


a) A Muslim woman dies, leaving behind two daughters D1and D2 and a father.
b) A Muslim woman W, dies and is survived by her parents M and F and two son’s
daughter’s and son’s son’s daughter.
c) A Muslim man A dies leaving behind two widows, W1 and W2 a full sister S1and the
father F
d) A Muslim male dies and leaves behind his widow W, two full sisters S1 and S2 and
parents M and F.

School of Law January-May 2018


INSTRUCTIONS TO STUDENTS

ON ASSIGNMENT SOLVING

1. All the questions of the assignment must be handwritten.


2. To answer your assignment questions you need to access multiple information
sources like
a. Your own prior experience.
b. Regular reading of Books, Law Journals, magazines and News papers
c. Reference Books
d. Browsing the internet for latest updates.

3. Please remember that due to the dynamic and rapidly changing global legal
environment and the continuously realigning geopolitical situation, your answers
should capture and depict the current contemporary information.

4. As a student of Law, we encourage to have a contrary point of view. But do ensure


that you can provide a logical justification to this view supported by verifiable facts,
figures, statues and decided cases by various higher courts.

5. Caution: Remember to provide original answers only as your Assignment


submissions will be run through an anti-plagiarism software (Turnitin).

List of Project Topics


1. Alienation of Coparcenary Property
2. Antecedent Debt
3. Avyavaharika Debt
4. Christian Succession
5. Classification Heirs under Hanafi and Ithna Asharia School
6. Comparative analysis of general principles of succession under Hindu Succession
Act, 1956 and Indian Succession Act ,1925
7. Comparative study of Mitakashara and Dayabhaga Laws of Inheritance
8. Comparative study of wills under Islamic Law and Hindu Law
9. Compare and Contrast the concept of Coparcenary in Mitakshara and Dayabhaga
school of Hindu Law
10. Concept of Woman’s Estate and Position under section 14, Hindu Succession
Act,1956
11. Construction and Revocation of Wills
12. Disposition Inter vivos – Gift under Hindu Law
13. Distinction between Hiba, Hiba –bil-iwaz and Hiba – bil- Sharatul – iwaz
14. Diversity of Succession Laws in India: A Study
15. Division of Property on Partition
16. Doctrine of Aul

School of Law January-May 2018


17. Doctrine of Pious Obligation
18. Doctrine of Radd
19. Doctrine of Representation under Muslim Law
20. Doctrine Representation under Hindu Law
21. Family Waqf
22. Female as Karta
23. Females as coparceners subject to the provisions of Hindu Succession Amendment
Act (2005)
24. Gains of Learning and its relevance as separate Property
25. Gender Equality and Hindu Succession Act
26. Gender Equality under Hindu Succession Act,1956
27. General Rules of Succession and Exclusion of Succession under Islamic Law
28. Hiba during Marz-ul-Maut
29. Hiba, its characteristics and classification
30. Hindu Religious Endowment – Concept and Essentials
31. Illegitimate Children rights to Succession
32. Intestate Succession
33. Karta’s power of Alienation
34. Laws on Testate and Intestate Succession
35. Liability to pay debt
36. Notional Partition with reference to the changes introduced by Hindu Succession
Amendment Act (2005)
37. Partition by Metes and Bounds
38. Persons entitled to share on Partition
39. Pious Obligation of a Daughter
40. Pious obligation of Son
41. Position and Powers of Karta : Whether Females can become Karta
42. Pre-emption,classification and its constitutional validity
43. Rights of Coparceners to challenge Partition
44. Rights of Minor Coparcener
45. Special rules for Parsi Intestate under Indian Succession Act,1925
46. Stridhan – Concept,Sources and Characteristics
47. Succession to Property of Hindu Female dying intestate
48. Succession to Property of Hindu Male dying intestate
49. Succession under Dayabhaga Law
50. Succession under Mitakashara Law
51. Suretyship Debt
52. Testamentary Succession under Indian Succession Act,1925
53. Testate Succession
54. Testate Succession under Indian Succession Act,1925
55. Time Barred Debt
56. Unauthorized Alienation and Consequences
57. Validity of Gift of Musha
58. Wakf , essentials and formalities for creation

School of Law January-May 2018


59. Wills and Codicils

Annexure-II

GUIDELINES FOR PROJECT WORK

The project will be completed as follows:

1. Abstract: One page in around 300 words


It may be in 3 paragraphs
a. Highlighting the topic
b. Areas of concern and expected solution
c. Scheme of research
d. Key words

2. Submission of synopsis
Synopsis should contain the following:
a. Statement of the Problem
b. Survey of the existing literature
c. Identification of the issues
d. Objective and scope of the research
e. Research Methodology adopted
f. Probable outcome
g. Chapterisation

3. Submission of Final Project report after approval of synopsis.


a. Excluding the Cover page, index page and bibliography the main write up should
be around 20 pages. Single Space, Times New Roman, Font Size 11. Printed both
sides
b. Project must have- Cover page stating Subject name, Title of the Project,
Supervisor name, Student details etc.
c. Students have to follow a uniform method of citation (the suggested method is
Blue Book 19th Edition) and must mention the same in the research
methodology).
d. The main body of the project must contain- Introduction, different chapters,
conclusion, recommendation, foot notes and required bibliography.

4. The project work shall


a. Be focused on the problem
b. Include current status of knowledge in the subject (literature review);
c. Embody the result of studies carried out by him/her;
d. Show evidence of the student’s capacity for critical examination and judgment;
and

School of Law January-May 2018


e. Be satisfactory in presentation so far as language, style and form are concerned

5. The student shall indicate clearly and extensively in his/her project, the
following:
a. The source from which referred information is taken;
b. The extent to which he/she has availed himself/herself of the work of others and
the portion of the /project work he/she claims to be his/her original work; and
c. Whether his/her project work has been conducted independently or in
collaboration with others.
6. A certificate to the effect that the project work carried out by the student
independently or in collaboration with other student(s) endorsed by the student shall
form the part of the submission for evaluation.

7. Every student who spends a specified period of time in an


industry/organization/institute for reasons of work related to his/her project work,
with prior permission from the Coordinator concerned will explicitly acknowledge
working in the relevant industry/organization/institute.

8. All projects submitted by the students will go through the process of plagiarism
check through the anti-plagiarism software (Ternitin). The report produced by the
software will necessarily be as per the standards prescribed by the university. If the
report is below standards the supervisor will reject the project and award zero marks.

Annexure III

CONTINOUS ASSESSMENT SHEET (___________)


Programme B.A. LL.B. (Hons.)
Name Energy Law Semester IV
Faculty Name Ms. Nandini Biswas
Subject Family Law II
Subject Code LLBL 202
Quiz/Class Assignment/ Project Subject Attendance Total 100
Test/ Snap Case Comment WorkCourt Grand Marks
Test Room Exercise Viva
Enrl. No. Name 20% 20% weightage 20% 20% 20%
weightage weightage weightag weigh
e tage
I II Report / Viva
/PPT
10 10
1
2
3
School of Law January-May 2018
4
5
6
7
8
9
10
11
12
13
14
15

Annexure IV

Course Calendar-January-May, 2018

S. No. Abstract Synopsis Project Assignment Snap Snap Grand


Test-I Test- Viva
II

Date of 15th Feb. 15thFeb. 15thFebruary 15th April 28th 10th 25th
submission February April April

School of Law January-May 2018