COURSE MANUAL

Family Law II

Fall 2020
(AY 2020-21)

Instructors
Prof. Saumya Uma (Course Coordinator)
Prof. Saptarshi Mandal
Prof. Shama Banoo Hussain Abbasi
 CONTENTS

PART I

General Information………………………………………………………………………………….2

PART II
a. Course Description…………………………………………………………………………………3

b. Course Aims………………………………………………………………………………………….4

c. Intended Leaning Outcomes …………………………………………………….............4

d. Grading of Student Achievement…………………………………………………..........6

PART III
a. Keyword Syllabus………………………………………………………………………………..8

b. Course Policies…………………………………………………………………………………….8

PART IV
a. Weekly Course Outline …………………………………………………………...............10
b. Readings……………………………………………………………………………………………..11

1
 PART I

General Information

General Information on Family Law II offered by Jindal Global Law School

of the AY 2020-21

The information provided herein is by the Course Coordinator. The following information
contains the official record of the details of the course.

This information shall form part of the University database and may be uploaded to the KOHA
Library system and catalogued and may be distributed amongst ____ year Law students for
B.A. (Hons) in Legal Studies; B.A.LL.B./B.B.A.LL.B.; LL.B.; LL.M. courses if necessary.

Course Title: Family Law II

Course Code:

Course Duration: One Semester

No. of Credit Units: 4 credits

Level: B.A. LL.B/B.B.A. LL.B/LL.B.

Medium of Instruction: English

Pre-requisites: Nil

Pre-cursors: Nil

Equivalent Courses: Nil

Exclusive Courses: Nil

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 PART II

a. Course Description
In this course, we shall familiarize ourselves with the rules of intestate and testamentary succession,
or in other words, the rules governing transmission of property from one generation to the next. In
Family Law I, we learnt how law regulates the family by defining the conditions of its formation through
marriage, the rights and obligations of the members while the marriage subsists and also after its
dissolution. In Family Law II, we build upon that foundation by exploring how property is distributed
within and through the family.

Everyone leaves behind something when he/ she dies, the ownership of which then passes to another
person within the family, howsoever defined. As obvious as that sounds, the nature of this transfer
leads to many fundamental questions. For instance, why should individuals be allowed to acquire
property (through inheritance) that they do not really earn by working? Similarly, if the law of
inheritance allows the transmission of unearned wealth within the same family/ family network, does
that not perpetuate social inequality? Even if we accept that there are good reasons for acquiring
wealth that one does not earn by working, the manner in which various aspects of this transfer is
regulated by the law, also gives rise to interesting questions. Thus, if the law recognizes an individual’s
right over his/her property, then what is the rationale for limiting that right by stipulating what can be
disposed by will and to whom (the law of testamentary succession)? Family Law II is full of such thought
provoking questions. In addition to all the considerations that make the law of marriage and divorce a
crucial area of study – a keen appreciation of pluralism and diversity in family forms; sociological
understanding of intimate relationships and kinship networks; inquiry into the ways in which law
perpetuates gender inequality and so on – what makes the law of succession extremely relevant, is
that it helps us understand the family as an economic entity. This domain of law teaches us that the
family not only stands for deep emotional attachments, but it is also an entity actively engaged in
creating, managing and transferring wealth, and in the process enhancing or diminishing the well being
and economic prosperity of its members.

We will begin the course with discussing the distinct features of Hindu family property and the changes
that have taken place in that domain in recent years. Next we will discuss testamentary instruments
such as wills and gifts. From there we will move on to the statutory or religious succession law, as the
case may be, for the Hindus, Muslims, Christians and Parsis. On account of their distinct histories, Goa
and the North Eastern states follow unique models of succession law, which are often hailed as
examples of gender just family law. We will critically examine this premise in this course. Next, we will
look at the succession related issues raised in the area of conflict of laws. We will undertake a brief
review of the emerging debate on matrimonial property rights, that forces us to rethink and
reformulate the basic tenets of the law of succession. Having highlighted and engaged with gender
issues throughout the course, in the concluding week, we will re-examine our limited understanding of

3
“gender issues” as synonymous with women’s issues. The concluding week is meant to give the
students a glimpse into the emerging issues in the law of succession, with transgender litigants
approaching the courts to assert their rights.

b. Course Aims

• Explores the law of inheritance, intestate and testamentary succession, gifts, wills etc. in India
• Focuses on the function of law in building and reinforcing a set of social values.
• Encourages students to examine the intersection of family, law and society by exploring cross
cutting disciplines such as jurisprudence, property and constitutional law and gender studies.
• Helps students in developing research, legal analytical and critical problem-solving skills
• Explores the relationship between religion and law, law and society and law and gender.
• Encourages students to critically explore ideas for legal reform.

c. Intended Learning Outcomes

Course Intended Learning Weightage Teaching and Learning Assessment

Outcomes Activities Tasks/ Activities

By the end of the course, students

should be able to: End-Semester
• Analytically and critically % Readings: Final Examination
comprehend and Reading will include books, (50%)
evaluate the main articles, book chapters,
substantive rules of case law, conventions, Internal Mid-
Family Law II pertaining statutes, and law review Semester
to the topics to be articles. Examination/
covered in the syllabus. Lectures: Presentation/Class
• Develop an % Students will acquire participation/
understanding of the knowledge of the Assignment (50%)
complex interaction substantive rules of Family
between law, family, Law II pertaining to the The exams will
gender and society. This topics to be covered in the test the
in-depth understanding syllabus, and will be given knowledge,
will allow students to starting points for critical analysis and
evaluate the need for analysis. application of
legal reforms in Family Students will develop an course materials.
Law in India. understanding of the

4
 Course Intended Learning Weightage Teaching and Learning Assessment
Outcomes Activities Tasks/ Activities

• Apply the legal rules of % interaction between family,

Family Law II to solve law and society through a
legal problems by: variety of primary and
a) developing strong secondary materials, both
legal methodologies, legal and sociological
including but not reading of various articles,
limited to, methods book chapters and class
of statutory discussions. Students will
interpretation and acquire a basic
case analysis. understanding of
b) researching issues of importance of law in
Family Law creating and reinforcing
c) communicating their social values. Students will
solutions orally and be able to critically explore
in writing clearly, ideas for legal reforms
coherently and through this understanding.
accurately in their Students will learn how to
own words and in comprehend a legal issue
plain language. and apply legal rules to a
given situation/case
through background
readings and case-law
analysis.

d. Grading of Student Achievement1

To pass this course, students must obtain a minimum of 40% in the cumulative aspects of
coursework, e.g. moot, and final examination. End of semester exam will carry 50 marks out of which
students have to obtain a minimum of 15 marks to fulfil the requirement of passing the course.

The details of the grades as well as the criteria for awarding such grades are provided below.

1
Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend Clause D or make
it optional. If Clause D is suspended, the policy which will be framed by the School based on the decision of the said bodies
will supersede Clause D. However, whether a situation is extraordinary or not will be decided by the said bodies only.

5
Letter Percentage Grade Definitions
Grade Of marks
O 80% and above Outstanding Outstanding work
with strong
evidence of
knowledge of the
subject matter,
excellent
organizational
capacity, ability to
synthesize and
critically analyse
and originality in
thinking and
presentation.
A+ 75 to 79.75% Excellent Sound knowledge
of the subject
matter, thorough
understanding of
issues; ability to
synthesize critically
and analyse
A 70 to 74.75% Good Good
understanding of
the subject matter,
ability to identify
issues and provide
balanced solutions
to problems and
good critical and
analytical skills.
A- 65 to 69.75% Adequate Adequate
knowledge of the
subject matter to
go to the next level
of study and
reasonable critical
and analytical
skills.
B+ 60 to 64.75% Marginal Limited knowledge
of the subject
matter, irrelevant
use of materials
and poor critical

6
 and analytical
skills.
B 55 to 59.75% Poor Poor
comprehension of
the subject matter;
poor critical and
analytical skills and
marginal use of the
relevant materials.
B- 50 to 54.75% Pass “Pass” in a pass-
fail course. “P”
indicative of at
least the basic
understanding of
the subject matter.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentage Grade
Interpretation
Grade of Marks Points
Pass 1: Pass with Basic understanding of the
P1 45 - 49 2
subject matter.
Pass 2: Pass with Rudimentary understanding of
P2 40 - 44 1
the subject matter.
Fail: Poor comprehension of the subject matter;
poor critical and analytical skills and marginal use
F Below 40 0
of the relevant materials. Will require repeating
the course.
‘P’ represents the option of choosing between
Pass/Fail grading system over the CGPA grading
system in the COVID 19 semester in Spring
P Pass
2020. The option is provided when students
attain a minimum of 40 percentage marks under
the current grading structure in a given subject.
Extenuating circumstances preventing the
student from completing coursework
assessment, or taking the examination; or
where the Assessment Panel at its discretion
I Incomplete
assigns this grade. If an "I" grade is assigned, the
Assessment Panel will suggest a schedule for the
completion of work, or a supplementary
examination.

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 PART III

a. Keyword Syllabus

Inheritance; Succession; Hindu Undivided Family; Coparcenary; Muslim law of wills and gifts; Sunni law
of inheritance; Shia law of inheritance; Christian law of succession; Parsi law of succession; Goa Civil
Code; Matrilineal inheritance; Gender Justice; Transgender persons and the law of succession in India.

b. Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration demands an
ethical responsibility to acknowledge who we have learnt from, what we have learned, and how
reading and learning from others have helped us shape our own ideas. Even our own ideas demand an
acknowledgement of the sources and processes through which those ideas have emerged. Thus, all
ideas must be supported by citations. All ideas borrowed from articles, books, journals, magazines, case
laws, statutes, photographs, films, paintings, etc., in print or online, must be credited with the original
source. If the source or inspiration of your idea is a friend, a casual chat, something that you overheard,
or heard being discussed at a conference or in class, even they must be duly credited. If you paraphrase
or directly quote from a web source in the examination, presentation or essays, the source must be
acknowledged. The university has a framework to deal with cases of plagiarism. All form of plagiarism
will be taken seriously by the University and prescribed sanctions will be imposed on those who commit
plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any known disability
needing academic accommodation are required to register with the Disability Support Committee
[email protected]. The Committee has so far identified the following conditions that could possibly hinder
student’s overall well-being. These include: physical and mobility related difficulties; visual impairment;
hearing impairment; medical conditions; specific learning difficulties e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality on the matters under its purview.
Students should preferably register with the Committee during the month of June/January as disability
accommodation requires early planning. DSC will coordinate all disability related services such as
appointment of academic mentors, arranging infrastructural facilities, and course related requirements
such as special lectures, tutorials and examinations.

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All faculty members are requested to refer students with any of the above-mentioned conditions to
the Disability Support Committee for getting them disability-related accommodation. Faculty members
are also requested to be sensitive to the needs of such students and cooperate with Disability Support
Committee and the School, extending students the necessary support by maintaining utmost
confidentiality of the matter.

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for some students.
Discussions in the course might also provoke strong emotional responses. To make sure that all
students collectively benefit from the course, and do not feel disturbed due to either the content of
the course or the conduct of the discussions. Therefore, it is incumbent upon all within the classroom
to pledge to maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe space where
everyone can speak and learn without inhibitions and fear. This responsibility lies not only with
students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the scope of the Safe
Space Pledge with the class.

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 PART IV

a. Weekly Course Outline

Introduction to the course – Conceptual understanding of inheritance;

Weeks 1-2 Overview of inheritance under different religious laws in India; Coparcenary
and Coparcenary Property

Week 3-5 Karta; Alienation; Partition and Reunion; Stridhan

Week 6-7 Hindu Intestate Succession (The Hindu Succession Act, 1956)

Wills and Gifts

Week 8-9

Week 10-11 Muslim Intestate Succession

Pre-emption and Wakf

Week 12
Intestate succession under Indian Succession Act, 1925 for Christian and
Parsi
Week 13

Succession under Goa Civil Code and tribal groups, Matrimonial Property
Week 14 Rights.

Succession, gender justice and prospects for a uniform civil code

Week 15

b. Readings
10
Week Topic Readings
1-2 Introduction to the course Required Readings:
- Conceptual understanding Texts:
of inheritance 1. Inheritance – Jens Beckert
- Overview of inheritance 2. Law and the Predicament of the Hindu Joint Family –
under different religious JDM Derrett
laws in India 3. The Theory of Inheritance, by James M. Morton, Jr.
Source: Harvard Law Review, Vol. 8, No. 3 (Oct. 25,
Coparceners and Coparcenary 1894), pp. 161-167
Property 4. Chirashree Das Gupta, Chapter 5 – Institutionalization of
- Mitakshara and Dayabhaga the Regime of Capital in India: 1947-66 in State and
schools of Hindu law Capital in Independent India: Institutions and
- Features of Joint Hindu Accumulations, pp. 123-132.
Family and coparcenary 5. Poonam Pradhan Saxena, Family Law lectures, Family
- Nature of property Law II (4th Edition) – Ch2: Hindu Joint Family; Ch3:
- Distinction between Coparcenary.
ancestral and self-acquired
property. Cases:
- Rights of coparceners. 1. Commissioner of Income Tax v. G. Lakshmninarayan AIR
- Female as a Coparcener- 1935 Bom 412
Legislative Changes 2. State Bank of India v. Ghamandi RamAIR1969SC1330
3. Moro Vishwanath v. Ganesh Vithal (1873) 10 Bom. 444
4. CWT v. Late R Sridharan & CWT v. Rosa Maria Steinbicher
Sridharan (1976) 4 SCC 489
5. Revanasiddappa and Anr. v. Mallikarjun and Ors.
(2011)11SCC1
6. Muhammad Husain Khan v. BabuKishva Nandan Sahai,
AIR 1937 PC 233
7. C.N. Arunachala Mudaliar v. C.A. Muruganatha
Mudaliar, AIR 1953 SC 495
8. Smt. Dipo v. Wassan Singh, AIR 1983 SC 846

Recommended Readings:
1. The Nuclear Family is on the Decline in India – John Samuel
Raja D (http://scroll.in/article/669053/The-nuclear-family-is-
on-the-decline-in-India)
2. Principles of the Law of Succession to Intestate Property, W. D.
Rollison, 11Notre Dame L. Rev.14 (1935).
3. Public Attitudes about Property Distribution at Death
andIntestate Succession Laws in the United States Author(s):
Mary Louise Fellows, Rita J. Simon and William Rau Source:
American Bar Foundation Research Journal, Vol. 3, No. 2
(Spring, 1978), pp. 319391
4. English Inheritance Law and Its Transfer to the Colonies
Author(s): Carole Shammas Source: The American Journal of
Legal History, Vol. 31, No. 2 (Apr., 1987), pp. 145-163

3–5 Karta Required Readings:

11
 - Who is Karta Texts:
- His position, powers, 1. Poonam Pradhan Saxena, Family Law lectures, Family
privileges and obligations Law II (4th Edition) - Pg. Nos. 143-154(Karta Ch.6), 163-
- Female as karta 194 (Alienation of JFP Ch.8), 209-254 (Partition Ch 10)
or
Alienation 2. Paras Diwan, Family Law, Tenth Edition 2013, reprint
- Management and alienation 2016, pages 400-403, 412-424, 430-463
of joint family property.
Cases:
Partition 3. M/s. Nopany Investments (P) Ltd. v. Santokh Singh (HUF),
- Partition in Mitakshara 2007 (13) JT 448
- What can be partitioned 4. Dev Kishan v. Ram Kishan, AIR 2002 Raj. 370
- Modes of partition 5. Balmukand v. Kamlawati (AIR 1964 SC 1385)
- Persons entitled to share in 6. R. Kuppayee v. Raja Gounder (2004) 1 SCC 295
partition 7. Sushil Kumar v. Ram Prakash (1988) 2 SCC 77
- Allotment of shares 8. Puttrangamma v. Ranganna, (1968) 2 SCR 119
- The manner in which it is 9. Namdev Vyankat Ghadge v. Chanadrakant Ganpat
effected Ghadge (2003) 4 SCC 71
- Reopening of partition 10. Kakumanu Pedasubhayya v. Kakumanu Akkamma, AIR
- Can daughter call for 1968 SC 1042
partition of ancestral 11. Kesharbai v. Tarabai Prabhakarrao Nalawade (2014) 4 SCC
property? 707
12. Sujatha Sharma v. Manu Gupta, (2016) 226 DLT 647
Stridhan 13. Shreya Vidyarthi v. Ashok Vidtyarthi AIR 2016 SC 139

Recommended Readings:
14. B. Sivaramayya - Shares to Female Members at a
Partition under Mitakshara Law, 5 JILI 270 (1963)
15. Vijendra Kumar, Basis and Nature of Pious Obligations of
Son to pay Father's Debt vis-à-vis Statutory
Modifications in Hindu Law

6-7 Hindu Intestate Succession Required Readings:

- Laws before and after
Hindu Succession Act, Texts:
1956 for both males and 1. Poonam Pradhan Saxena, Family Law lectures, Family
females Law II (4thEdition) – page nos. 267-456 (Ch 12 – Hindu
- General rules and Succession Act)
disqualifications under 2. Mulla (17th ed., Vol. 1): Chapter 3, ‘General Principles of
HSA, 1956 Inheritance’ or
- Inheritance right of 3. Paras Diwan, Family Law, Tenth Edition 2013, reprint
extra-marital child, 2016, pages 464-489 (optional)
adopted child, child

12
 conceived by artificial 4. Archana Mishra, “Towards Women’s Equal Right to
means, step-child; Property: Recent Judicial Developments in India”, (2016)
- Inheritance right among 5 Property Law Review 161
Same-Sex couple and 5. Tish Sangera, ‘Reform of India’s Inheritance Laws
cohabitants; Inadvertently Increased Female Foeticide and Deaths in
Infancy, February 23, 2019,
https://www.indiaspend.com/reforms-of-indias-
inheritance-laws-inadvertently-increased-female-
foeticide-and-deaths-in-infancy/
6. Chander Suta Dogra, ‘Haryana’s Outlawed Daughters’,
Indian Express, 15 February 2015.
https://indianexpress.com/article/india/india-
others/the-sunday-story-haryanas-out-lawed-daughters/
7. Law Commission of India, Consultation Paper on Reform
of Family Law, 31 Aug 2018, pp. 123-184

Cases:
1) Prakash and Ors. v. Phulavati and Ors.,
MANU/SC/1241/2015
2) Vineeta Sharma v. Rakesh Sharma (11.8.2020) SC
[https://www.livelaw.in/pdf_upload/pdf_upload-
379766.pdf]
3) Uttam v. Saubhag Singh, (2016) 4 SCC 68
4) Ganduri Koteshwaramma and Anr. v. Chakiri Yanadi and
Anr. AIR 2012 SC 169
5) Gurupad Khandappa Magdum v. Hirabai Khandappa
Magdum AIR 1978 SC 1239
6) CWT v. Chander Sen, AIR 1986 SC 1753
7) Pratibha Rani v. Suraj Kumar, AIR 1985 SC 628
8) Jagannathan Pillai v. Kunjithapadam Pillai, AIR 1987 SC
1493
9) Vaddeboyina Tulasamma v.Vaddeboyina Sesha Reddi, AIR
1977 SC 1944
10) Bhagat Ram v. Teja Singh, AIR 2002 SC 1
11) Jayalakshmi Ammal v. Kaliaperumal, AIR 2014 Mad 185
12) Omprakash v. Radhacharan, 2009(7) SCALE 51
13) Vellikannu v. R. Singaperumal and Anr.
MANU/SC/0367/2005; AIR2005SC2587
14) Dhannulal and Ors. v..Ganeshram and Ors., AIR 2015 SC
2382
15) Jupudy Parda Sarathy v. Pentapati Rama Krishna SC Civil
Appeal No. 375 of 2007 decided on 6th Nov 2015
16) Mamta Dinesh Vakil v. Bansi S. Wadhwa
MANU/MH/1869/2012

13
 17) Danamma @ Suman Surpur v. Amar, Supreme Court,
2018
18) Arshnoor Singh v Harpal Kaur, Supreme Court, 1 July 2019

Law Commission Reports: - Report No. 174, 204, 207, 208

Recommended Readings:
1. Report of the Hindu Law Committee 1948

8-9 Wills Required Reading:

- Object of Will Texts:
- Essentials of a Valid Will 1. Poonam Pradhan Saxena, Family Law lectures, Family
- Revocation of a Will Law II (4th Edition) - Pg. nos. 457-524 or
- Will under Muslim law 2. Paras Diwan, Family Law, Tenth Edition 2013, reprint
- Exercise: How to draft a will 2016, pages 526-555

Gifts (HIBA) Cases:

1. Hafeeza Bibi and Ors. v. Shaikh Farid (dead) by L.Rs. and
- Concept of Gift Ors., 2011(5) SCALE 371
- Requirement of a Valid Gift 2. Mussa Miya walad Mahammed Shaffi v. Kadar Bax, AIR
- Conditional Gifts 1928 PC 108
3. Valia Peedikakkandi Katheessa Umma v. Pathakkalan
- Revocation of Gifts Narayanath Kunhamu, AIR 1964 SC 275
- Musha, Hiba-e-iwaz, Hiba-i- 4. Hayatuddin v. Abdul Gani, AIR 1976 Bom. 23
shartuliwaz, marz-ul-maut 5. Abdul Hafiz Beg v. Sahebbi, AIR 1975 Bom. 165
gift 6. Commissioner of Gift Tax v. Abdul Karim, AIR 1991 SC
1847

10-11 Muslim Intestate Succession Required Readings:

- General principles of Texts:
inheritance 1. Poonam Pradhan Saxena, Family Law lectures, Family Law II
- Hanafi law of inheritance (4th Edition 2019) - Pg. nos. 525-576
and 2. The Hanafi Law of Intestate Succession: A Simplified
- Shia law of inheritance Approach, Lucy Carroll Modern Asian Studies, Vol. 17, No. 4
(1983), pp. 629-670
3. The Ithna Ashari Law of Intestate Succession: An Introduction
to Shia Law Applicable in South Asia: Lucy Carroll, Modern Asian
Studies, Vol. 19, No. 1 (1985), pp. 85-124

Cases:
1. Khuran Sannath Society and others v. Union of India,
High Court of Kerela at Ernakulam, 2015 SCC Online Ker
13643
2. Khairunnisabegum v. Nafeesunisa Begum
MANU/MH/1831/2014 (Bombay High Court)

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12 Pre-emption and Wakf Required Reading:
Preemption Text:
- Meaning, nature R.K Singh, Textbook on Muslim Law, 2011 Ed, New Delhi, page
- Constitutionality, numbers – 263-291, 295-312
classification Cases:
- Rights and Formalities 1. Bhau Ram v. Baij Nath, AIR 1962 1476
Wakf 2. Atam Prasad v. State of Haryana, AIR 1968 SC 859
- Meaning and formalities 3. Krishna v. State of Haryana, 1994 AIR 2536
for creation 4. Cheddi Lal Mishra v. Civil Judge (2007) 4 SCC 632
- Administration and
powers of Mutawalli

13 Intestate succession under Required Readings:

Indian Succession Act, 1925 for Texts:
Christian and Parsi
Communities 1. Sebastian Champappilly, “Christian Law of Succession in
India”
2. Sebastian Champappilly, “Christian Law of Succession and
Mary Roy’s case (1994) 4 SCC (Jour) 9
3. Succession laws for Indian Christian, The Hindu, October,
16, 2004

Cases:
1. Clarence Pais & Ors. etc. v. Union of India AIR 2001SC1151
2. Mary Roy v State of Kerela 1986(2) SCC 209.

Law Commission Reports: Report No.- 110, 209, 247

14 Succession under Tribal Laws & Required Readings:

the Goa Civil Code Text:
- Mizo Act, 2014 1. The Mizo Marriage, Divorce and Inheritance of Property
- Goa Civil Code Act, 2014
- Matrimonial Property 2. Prakash Kamat, Goa Passes Bill to Replace Portuguese
Rights; Succession Law, The Hindu, 7 August 2016
3. The Goa Succession, Special Notaries and Inventory
Proceeding Act, 2012 – Chapter VI Sections 51-62 and
82; Chapter XII Sections 196-246
4. Namita Kohli, All in the Family: Goa Civil Code a Model
for the Rest of the Country? Hindustan Times, 13
September 2016

Cases:
5. Madhu Kishwar and others v. State of Bihar and others
AIR 1996 SC1864

15
 6. Bahadur v. Bratiya, High Court of Himachal Pradesh,
2015 SCC OnLine HP 1555
7. Smt. Kajal Rani Noatia v. Sri Raybahadur Tripura, High
court of Tripura, RSA No.38 of 2009 decided on February
26, 2015

Recommended Readings:
1. Albertina Almeida, Goa's Civil Code Shows That
Uniformity Does Not Always Mean Equality, The Wire, 8
August 2016
2. Maharashtra Matrimonial Property (Rights of Women
upon Marriage) Bill 2012
3. Matrilineal Joint Family Patterns in India, U. R. Von
Eenfel, Journal of Comparative Family Studies, Vol. 2, No.
1 (SPRING 1971), pp. 54-66.
4. Vineetha Menon, Matriliny, Patriliny and the
Postmodern Condition: Complexities of "Family" in
Kerala, Journal of Comparative Family Studies, Vol. 43,
No. 1, The Indian Family: A Revisit(January-February
2012), pp. 41-51
5. Legacies of Matriliny: The Place of Women and the
"Kerala Model",Robin Jeffrey, Pacific Affairs, Vol. 77, No.
4 (Winter, 2004/2005), pp. 647-664
6. A Note on the Common Civil Code, Marriage and
Inheritance in Goa – Shaila De Souza
7. National Commission for Women, Customary Laws in
North East India: Impact on Women
http://ncwapps.nic.in/pdfreports/Customary%20Law.pdf

15 Succession, Gender Justice and Readings:

Prospects for a UCC 1. Poonam Pradhan Saxena, “Succession Laws & Gender
Justice” in Archana Parashar and Amita Dhanda (eds.),
Redefining Family Law in India, p. 289 (Routledge, New
Delhi, 2008).
2. Bina Agarwal, “Can we unify inheritance law?”, Times of
India, 19 September 2017,
https://timesofindia.indiatimes.com/india/can-we-unify-
inheritance-law/articleshow/60740547.cms
3. Mayur Suresh, “Possession is 9/10ths of the Body: Law,
Land and Hijra Identity” in Arvind Narrain and Alok
Gupta (eds.) Law like Love: Queer Perspectives on Law,
pp. 378-391.
4. Sweety (Eunuch) v General Public, AIR 2016 HP 148

16
17