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Co-ownership and Partition

Co-ownership and Partition

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Description
Mitra's Co-ownership and Partition has enjoyed reputation and patronage of the Indian legal world for six decades. Since,however, change is the only constant in law as in other things in life, the book required suitable updation. This is more so, in view of the amendment of 2005 in the Hindu Succession Act 1956 and also in the judicial pronouncements since the publication of the last edition. This edition takes due care of impact of the latest developments in the law without affecting the style and tenor of the original author.
This book has dwelt on two major issues of joint family system. The chief characteristics of co-ownership as laid down by the Supreme Court in Champaran Cane Concern v State of Bihar (AIR 1963 SC 1737) are that (i) it is not necessarily the result of agreement; (ii) it does not necessarily involve community of profit or loss; (iii) one co-owner can without consent of the other transfer his interest to a stranger; and (iv) one co-owner is not an agent, real or implied,of the other. To constitute a partition of joint property all that is necessary is a definite and unequivocal indication of intention by a member of a joint family to separate himself from the family and enjoy his share in severalty (Kalyani v Narayanan AIR 1980 SC 1173). These two major issues together with the ramifications and varying situations have been discussed comprehensively.
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Contents
Chapter 1.    Co-ownership
Chapter 2.    Mitakshara Coparcenary
Chapter 3.    Dayabhaga Coparcenary
Chapter 4.    Mutual Relations
Chapter 5.    Co-owners and Other Persons
Chapter 6.    Partition
Chapter 7.    Partible and Impartible Property
Chapter 8.    Oral Partition
Chapter 9.    Partition by Deed
Chapter 10.  Partition by Suit
Chapter 11.  Final Decree for Partition
Chapter 12.  Sale Instead of Partition
Chapter 13.  Effect of Partition
Appendix  1- The Partition Act, 1893
Appendix 2 - Forms of Conveyancing
Appendix 3 - Forms of Pleading
Index
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