Taxmann’s Family Law – II by Rajni Malhotra Dhingra – 1st Edition 2025.

Taxmann’s Family Law – II by Rajni Malhotra Dhingra – 1st Edition 2025.

Description

Family Law – II is a student-oriented text on property and succession within India’s personal-law systems, with emphasis on Hindu law (schools, Joint Hindu Family, coparcenary, karta, partition, pious obligation, and the Hindu Succession Act—1956 with the 2005 amendment) alongside a complete treatment of Muslim law (hiba, wasiyat, waqf, and Sunni/Shia inheritance rules) and concise modules on Parsi and Christian intestate/testamentary succession. The book blends propositions of law with leading case law, diagrams/flowcharts, worked illustrations for share computation, and chapter-end summaries for rapid revision. The pedagogic aim is to simplify how property devolves among heirs and even strangers under Hindu and Muslim familial structures, using recent judicial trends and statutory changes.

This book is intended for the following audience:

• Undergraduate Law Students (LL.B. & B.A. LL.B.) following the Bar Council of India’s Family Law-II syllabus
• Judicial Service & Civil Service Aspirants, requiring doctrinal clarity and case-law familiarity
• Academicians, for comparative insights between Hindu and Muslim family laws
• Researchers & Postgraduate Scholars, for its interpretive discussions on legal pluralism and social reform
• Legal Educators, seeking structured and pedagogically sound material for classroom teaching

The Present Publication is the Latest Edition, authored by Prof. (Dr) Rajni Malhotra Dhingra & Dr Nidhi Mutreja Bhatia, with the following noteworthy features:

• [Doctrinal Depth & Practical Relevance] Integrates classical Hindu and Muslim jurisprudence with modern statutory law and recent judgments
• [Comprehensive Coverage] Detailed treatment of coparcenary, partition, succession, and female inheritance rights
• [Pedagogical Aids] Supported with diagrams, flowcharts, comparative tables, and illustrative examples
• [Gender Inclusivity] Discusses women as coparceners and Kartas, referencing post-2005 legal developments
• [Statutory and Case-based Integration] Aligns with the Hindu Succession Act 1956 & 2005 Amendment, and Muslim personal law precedents
• [Exam-oriented Structuring] Each chapter concludes with summaries, enabling efficient revision for university and judicial exams
• [Scholarly Tone with Accessibility] Written in simple language without compromising technical rigour

The book spans twelve chapters, organised logically from fundamental doctrines to modern reforms:

• Part I – Foundations of Hindu Law
  • Schools of Hindu Law
    • Explains Mitakshara and Dayabhaga schools, their sub-schools, and doctrinal differences, including key commentaries such as Mitakshara, Dayabhaga, Viramitrodaya, and Smriti Chandrika
      • Includes ‘Doctrine of Factum Volet,’ its application and judicial recognition
  • Joint Hindu Family
    • Discusses formation, composition, presumption, and property classification — distinguishing between joint family property, joint property, and coparcenary
  • Karta of Joint Family
    • Defines the role, powers, and liabilities of the Karta, exploring the landmark shift recognising female Kartas post-2005 amendment
  • Coparcenary System
  • Explains the concept of coparceners by birth, their rights, and the doctrine of survivorship. Includes analysis of coparcenary under Dayabhaga and Mitakshara traditions
• Part II – Partition and Succession
  • Partition – Concept and Incidents
    • Defines partition and its types, rules governing partition by metes and bounds, family arrangements, and the distinction between severance and division of property
  • Reopening of the Partition and Reunion
    • Analyses legal grounds for reopening partitions — including fraud, mistake, and after-born sons and explains conditions for reunion and its proof
  • Hindu Succession (Amendment) Act 2005
    • Evaluates legislative changes—introduction of daughters as coparceners, abolition of survivorship, and deletion of discriminatory provisions (Sections 23, 24)
  • Hindu Succession Act 1956 – A Detailed Analysis
    • Breaks down definitions (agnates, cognates, intestate), succession modes (class I and II heirs), testamentary succession, and doctrines of pious obligation and notional partition
• Part III – Muslim Law | Inheritance, Gifts, and Endowments
  • Wakf (Religious Endowments)
    • Explains creation, object, types, and management of Wakf, and the role of Mutawalli
  • Wasiyat (Will)
    • Covers essentials, validity, capacity, revocation, and restrictions under Muslim law, with illustrative judicial references
  • Hiba (Gift)
    • Discusses essentials of valid Hiba, types, revocation rules, and judicial interpretations, distinguishing Hiba from other property transfers
  • Comparative Study
    • Presents a synoptic comparison between Hindu and Muslim laws on succession, gift, and will, underscoring harmony and divergence
• Part IV – Parsi & Christian Succession
  • Key rules under the Indian Succession Act, division among spouse/next-of-kin, shared principles and differences, testamentary provisions and guardianship
• Each chapter is supported with summaries, key cases, and statutory references

The book’s architecture ensures conceptual clarity and cumulative understanding:

• Begins with core definitions and historical context
• Progresses through practical aspects of family and property law, explaining how traditional norms evolved into codified statutes
• Integrates flowcharts and diagrams—e.g., ‘Hierarchy of Coparceners,’ ‘Process of Partition,’ and ‘Modes of Succession’
• Concludes chapters with Summary Points, exam pointers, and case-based discussion
• References recent judgments such as Vineeta Sharma v. Rakesh Sharma (2020) and Prakash v. Phulavati (2016) to align theory with modern jurisprudence.

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