LFL202 | Family Law II

Family Law II is a foundational course intended to give the student a broad view of the laws relating to testamentary and intestate succession in India. In addition to this, certain topics of personal law which deal with property and related matters such as gifts, wakfs and wills etc. may also be covered.

The thrust is not only to provide a basic subject knowledge, but also to develop problem-oriented thinking and an analytical approach. In keeping with this, a few sessions have been devoted to exercises and interactive learning.

Workbooks on Hindu Law, Christian Law, Parsi Law and Muslim Law as well as on the Construction of Wills, may be given when the modules are taken up. A historical perspective of the law, as well as a comparative look at some areas of the law, have also been included to further analytical thinking.

The pedagogical methods that will be followed are primarily: lectures, practical classroom exercises, and problem solving. We will also use tax law to critique intergenerational wealth accumulation, the special position of the HUF, the State as heir (escheat) and whether estate duty should be brought back. Alternative systems including matrimonial property will be explored.

The course is divided into 3 modules. The first module consists of a general introduction to family law related to succession and property, and the personal laws of Muslims, as well as the Christians and the Parsis. Module 2 deals with laws of the Hindu community. Module 3 covers the law related to Wills, a critique of succession laws, matrimonial property, the UCC on succession and modern debates, including gender identity.