LFL202 | Family Law II

Introduction to the Course

Family Law is one course split into two. In Family Law I students looked at issues of identity and debates and legal provisions surrounding marriage, divorce, and ensuing rights and responsibilities. It also looked at children in families and  some of the new debates in the subject including the Uniform Civil Code and marriage equality.

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 religious and charitable institutions will also be covered.

Students are expected to refer to and apply basic questions closely linked with succession law for instance validity of marriage, legitimacy, adoption and so on. As there has been a break of a Trimester between the two courses, we will take stock of the changes in the legal landscape particularly in the area of marriage equality. How this affects succession law will be a preliminary discussion taken up.

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.