Hindu Law

Objectives

The course is designed to endow the students with knowledge of both the codified and uncodified portions of Hindu law. The course concerns itself with the sources, schools, institutions, succession, maintenance, menace of dowry, etc.

Course Contents

UNIT – I

  • The Concept of Dharma
  • Sources of Hindu Law
    • Ancient Sources
    • Modern Sources
  • Importance of Dharma Shastra on Legislation
  • Mitakshara and Dayabhaga Schools of Hindu Law
  • Application of Hindu Law

UNIT – II

  • Marriage and Kinship
  • Evolution of the Institution of Marriage and Family
  • Law Prior to the Hindu Marriage Act
  • A Detailed Study of the Hindu Marriage Act, 1955
  • Matrimonial Remedies
  • Maintenance and Alimony
  • Customary Practices and Legislative Provisions Relating to Dowry Prohibition

UNIT – III

  • Hindu Undivided Family (HUF)
  • Mitakshara Joint Family
  • Formation and Incidents
  • Property under Both Schools
  • Kartha
    • Position
    • Powers
    • Privileges
    • Obligations
  • Debts
  • Doctrine of Pious Obligation
  • Partition and Reunion
  • Religious and Charitable Endowment

UNIT – IV

Inheritance and Succession
  • Historical Perspective of Traditional Hindu Law Relating to Inheritance
  • Hindu Succession Act, 1956
  • Stridhana
  • Woman’s Property
  • Amendments to the Hindu Succession Act
  • Gifts and Testamentary Succession
  • Wills

UNIT – V

Law Relating to Hindu Minority and Guardianship
  • Kinds of Guardians
  • Duties and Powers of Guardians
Hindu Adoption and Maintenance
  • A Detailed Study of the Hindu Adoption and Maintenance Act, 1956
  • Maintenance
  • Traditional Rights and Rights under the Hindu Adoption and Maintenance Act, 1956