Commentary on Partition of Joint Family Property

"Commentary on Partition of Joint Family Property" by Y.P. Bhagat and Kumar Keshav is a meticulously researched and up-to-date legal reference that addresses the multifaceted issues surrounding the partition of joint family property in India. This authoritative work provides a deep dive into both Hindu and Muslim personal laws, with a special focus on the status and rights of women in matters of property and inheritance.

This edition is particularly distinguished by its interdisciplinary coverage of traditional doctrines, statutory reforms, and practical litigation strategies, making it indispensable for lawyers, judges, academicians, and students.

Key Features:

• Dual Legal Systems Covered:
  • Hindu Law (Mitakshara & Dayabhaga schools)
  • Muslim Law (Sunni & Shia principles on partition and succession)
• Special Emphasis on Women’s Property Rights:
  • Hindu Women's Right to Property Act, 1937
  • Hindu Succession Act, 1956 (and its amendments in 2005, 2015)
  • Married Women’s Property Act, 1874
  • Rights of married women, widows, and daughters in ancestral and self-acquired property
• Comprehensive Statutory & Doctrinal Coverage:
  • Partition Act, 1893
  • The Hindu Law of Inheritance (Amendment) Act, 1929
  • The Hindu Women's Rights to Property (Extension to Agricultural Land) Act, 1940
  • Unity of Title and Possession
  • Testamentary vs Intestate Succession
  • Self-earned Property and Joint Family Assets
  • Family Hotchpotch & Reopening of Partition
  • Reunions and Partial Partitions
• Procedural Insights & Litigation Tools:
  • Suit for Partition & Separate Possession
  • Suit for Declaration, Injunction, and Property Claims
  • Partition of Dwelling House & Trust Property
  • Suits involving minors, indigent persons, and unsound mind
  • Limitation and reopening provisions in partition suits

Topics Covered Include:

• Impartible Estate
• Rule of Partition & Succession
• Partition in Muslim Law
• Property Gained by Self-Earning
• Husband’s Liability for Wife’s Debts and Trust Breach
• Suit for Partition of Trust Property
• Testamentary Succession and Heritage Laws
• Procedural Aspects of Partition Suits

This book offers clear statutory interpretation, landmark case references, and practical analysis, making it an essential asset for legal professionals engaged in family, property, and personal law matters.