Professional Documents
Culture Documents
F01 (C)
IssueNo.04 Rev. No 5 Dated: July 27,
2017
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
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.
1. The course is designed to analyze the presence of different personal laws for
different community.
3. Covers all major aspects of the law of succession relating to Hindus, Muslims,
Christians and Parsi.
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.
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.
B. COURSE OUTLINE
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
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.
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.
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.
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
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.
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.
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
-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)
-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
-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
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
- 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
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
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
SEMESTER –IV, VI
ASSIGNMENT – NUMBER
FOR
School of Law January-May 2018
Family Law-II
(LLBL202)
NAME: _______________________
ROLL NO ----------------------------------
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. 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.
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.
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.
ON ASSIGNMENT SOLVING
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.
Annexure-II
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
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.
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
Annexure IV
Date of 15th Feb. 15thFeb. 15thFebruary 15th April 28th 10th 25th
submission February April April