Laws Relating to Partition

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Covering
Rights of married daughter
Amendments relating to adoption
Property in the name of junior member
Reunion of HUF after separation
Maintenance of Muslim women after Iddat
Sale of Stridhana property by husband
Probate of a foreign will
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Description
Even though the joint family system of living is fast becoming, or has already become, a thing of the past, the need for partition of joint property would remain as inevitable and urgent as it ever was. Partition means the adjustment of diverse rights regarding the whole by distributing them in particular portions of the aggregate. Partition may ordinarily be effected by institution of a suit, by submitting the dispute as to division of the properties to arbitrators, by a demand for a share in the properties or by conduct which evinces an intention to sever the joint family; it may also be effected by agreement to divide the property.
Ramifications of the issues
The laws relating to partition with all its ramifications have a big role to play cutting across a wide field as varied as women's rights, maintenance of members of the family including those having pre-existing rights, married daughters and daughters-in-law, spouses and co-habitees, illegitimate children, adoption, shares in ownership flats, wills, debutter, public and private, powers of shebaits, status and functions of Manager and Mahants in a Mutt, Mutawalli of a Wakf, construction of instruments, etc. While preparing this edition the topics relating to methods of partition, preliminary and final decrees, pre-emption, limitation, injunctions, resjudicata, arbitration, etc. have got erudite treatment. The ins^nt edition seeks to shed light on the typical present-day problems arising in the process of partition and thejjr probable solutions.
Amendments focused
The recent developments following the Hindu Succession (Amendment) Act, 2005 and the Personal Laws (Amendment) Act, 2010 have been discussed at greater length. An elaborate and analytical discussion, enriched by the latest decisions of the apex court and those of different High Courts marks tis edition as an eminently useful and suitable reading for persons of law on the Bench, in the Bar and in th academic institutions as well as for the persons interested in this field of jurisprudence.
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Contents
Chapter 1.    Joint Property
Chapter 2.    Joint Liabilities
Chapter 3.    Karta in a Joint Family
Chapter 4.    Hindu Undivided Family and Income-tax
Chapter 5.    Women’s Rights
Chapter 6.    Adoption
Chapter 7.    Maintenance
Chapter 8.    Spouses and Cohabitees
Chapter 9.    Impartible Estate
Chapter 10.  Ownership Flats and Apartments
Chapter 11.  Co-owners and their Claim of Adverse Possession
Chapter 12.  Raising Structures on Joint Property
Chapter 13.  Family Agreement
Chapter 14.  Elementary Principles of Partition
Chapter 15.  Pre-emption
Chapter 16.  Decree in Suit for Partition
Chapter 17.  Methods of Partition
Chapter 18.  Injunction
Chapter 19.  Receiver
Chapter 20.  Res Judicata
Chapter 21.  Limitation
Chapter 22.  Contempt of Court
Chapter 23.  Disposition of Joint Property by Will
Chapter 24.  Debutter
Chapter 25.  Wakfs
Chapter 26.  Construction of Instruments
Chapter 27.  Arbitration
Index
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Author Details
M.N. Das - Former District & Sessions Judge and Member-Secretary,
State Law Commission, West Bengal
Purnendu Bhattacharyya MA, LLM , Formet District & Sessions Judge and Director,
West Bengal Judicial Academy
Tapash Gan Choudhury MCom, LLB Advocate, High Court, Calcutta
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