This book provides an authoritative and comprehensive study on the law relating to joint ownership of property and partition in India. It explains the nature, scope, and rights of co-owners, co-sharers, and coparceners under Hindu law, Mohammedan law, and other relevant legal systems. The work elaborates on the concept of joint tenancy, tenancy-in-common, coparcenary, rights of heirs, succession, and family arrangements, along with the principles governing their division and separation.
Special emphasis is laid on the procedure of partition suits, remedies available to co-owners, rights and liabilities of parties, effect of alienation, possession, and mesne profits. The book also discusses the relevant statutory provisions including the Code of Civil Procedure, Hindu Succession Act, Transfer of Property Act, and Registration Act, supported by leading judicial decisions from the Supreme Court and High Courts.
Useful for lawyers, judges, academicians, law students, and litigants, this treatise serves as a practical guide to understanding and resolving disputes relating to joint property and partition.
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Concept and Nature of Joint Property
Modes of Creation of Joint Ownership
Types of Co-ownership: Joint Tenancy, Tenancy-in-Common & Coparcenary
Rights and Liabilities of Co-owners
Alienation, Transfer, Gift and Sale of Joint Property
Possession and Use of Joint Property
Doctrine of Ouster and Adverse Possession among Co-owners
Concept of Coparcenary and Mitakshara Joint Family
Rights of Coparceners and Female Members
Karta – His Powers and Duties
Demand for Partition – Rights and Restrictions
Modes and Effect of Partition under Mitakshara Law
Partition under Dayabhaga Law
Partition of Dwelling House and Impartible Estates
Partition under Mohammedan Law
Partition under Christian and Parsi Law
Customary Law relating to Partition
Hindu Succession Act and Its Impact on Partition
Transfer of Property Act – Joint Ownership & Severance
Code of Civil Procedure – Partition Suits (Order XX & XXI)
Registration Act – Effect of Registration on Partition Deeds
Evidence Act – Proof of Joint Ownership and Partition
Parties to a Partition Suit
Jurisdiction and Court Fees in Partition Matters
Pleadings in Partition Suits – Plaint, Written Statement & Counter-claim
Preliminary and Final Decrees in Partition
Role of Commissioner in Partition
Execution of Partition Decree
Mesne Profits and Accounting between Co-sharers
Compromise, Family Settlements & Arbitration in Partition Disputes
Drafting of Partition Deeds and Family Settlements
Recent Judicial Pronouncements on Joint Property & Partition
Remedies and Reliefs Available to Co-owners
Practical Issues in Implementation of Partition Decrees
Consolidated Digest of Leading Supreme Court & High Court Rulings
| Mitra JOINT PROPERTY & PARTITION |
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