Ambedkar LLB 1st year (Question-Answer Series) Hindu Laws
The book prepared according to following syllabus Question-Answer Format in Hindi Medium.
PAPER 1.3. FAMILY LAW – I (HINDU LAW) SCHEME OF PAPER:
MAX. MARKS: 100 MIN. PASS MARKS: 36
(1) There shall be ten questions in the examination paper, two questions from each unit. The candidate is required to attempt five questions, one question from each unit is compulsory. All questions carry equal marks. (2) The syllabus includes latest amendments in the subject wherever applicable.
OBJECTIVES OF THE COURSE: This course involves the student with the introduction of Hindu law as it affects property relations. It primarily covers the concept of Undivided Family of the Hindu law, the provisions relating to intestate and testamentary succession applicable to persons of all denominations and other provisions relating to marriage, succession etc. in Hindu law. The study of the course will attempt to view Hindu 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 fulfil the constitutional directive of uniform civil code.
UNIT - I Hindu Law:
Sources, School and Application, Coparcenary, Joint Family Property and Self-acquired property; Karta and his powers and obligations, Religious and Charitable Endowments – Essentials of an Endowment Kinds, Shebait and Mahant;
UNIT - II The Hindu Marriage Act, 1955:
Conditions of a valid Hindu Marriage; Its ceremonies and registration, Void and Voidable Marriage : Restitution of Conjugal Rights; Judicial Separation, Legitimacy of Children of Void and Voidable Marriage; Divorce and its grounds; Alternative relief in divorce proceedings, Divorce by Mutual Consent, One year bar to Divorce; Divorced persons when may marry again; Jurisdiction and Procedure. The Prohibition of Child Marriage Act, 2006.Validity of Child Marriage; Judicial Responses.
UNIT - III The Hindu Succession Act, 1956:
Succession to the property of a Hindu male; Succession to interest in Coparcenary property, Property of a Female Hindu to be her absolute Property; Succession to the property of a Hindu female; General rules and disqualifications of succession, Escheat; Judicial Responses.
UNIT - IV
The Hindu Adoption and Maintenance Act, 1956: Requisites of a valid adoption; Capacity to take in adoption; Capacity to give in Adoption, Effects of Adoption; Miscellaneous provisions of adoptions; Maintenance of wife, children and parents; Maintenance of widowed daughter-in-law; Dependants and their maintenance; Amount of Maintenance; Judicial Responses;
UNIT - V
The Hindu Minority and Guardianship Act, 1956:
Natural Guardians and their powers; Testamentary guardian and their powers, De Facto Guardian, General Provisions of Guardianship; Judicial Responses. Partition under Hindu Law: Meaning, Property for Partition, person entitled to sue for partition and allotment of shares, Partition, and allotment of shares, how effected, Determination of shares, Re-opening of Partition, Reunion, Debts – Doctrine of Pious Obligation; Antecedent Debts; Judicial Responses;
LEADING CASES :
1) Shastri Yajna Purusdasji v. Muldas, AIR 1966 SC 1119 2) Bipin Chandra v. Prabhavati, AIR (1957) SC 176. 3) Dr. Narayan Ganesh Dastane v. Sucheta Dastane AIR (1975) SC 1534 4) Dharmendra Kumar v. Usha Kumar, AIR (1977) SC 2218 5) Tulsamma v. Sesha Reddi, AIR (1977) SC 1944