Partition Act with Joint Property and Partition under Hindu Law

The 12th Edition of Basu's Partition Act with Joint Property & Partition under Hindu Law is an authoritative legal commentary which continues the legacy of its predecessors, providing comprehensive insights into the Partition Act of 1893 and the principles of partition under Hindu law.

The book offers an in-depth analysis of the Partition Act, which governs the division of jointly held property among co-owners. It addresses scenarios where co-owners cannot agree on the division, outlining procedures for sale and buyout options. Additionally, the work delves into the nuances of partition under Hindu law, covering both the Mitakshara and Dayabhaga schools, and the rights of coparceners, including sons, daughters (post-2005 amendment), grandsons, and great-grandsons.

Key Features:

• Section-wise analysis of the Partition Act, elucidating the rights and duties of co-owners and the judicial discretion conferred upon courts.
• Exploration of the concept of joint ownership, the erosion of the Hindu Undivided Family (HUF) structure in modern times, and the legal provisions for partition.
• Inclusion of relevant case laws that illustrate the application of the Partition Act and Hindu law principles in real-world scenarios.​
• Appendices featuring model forms to assist legal practitioners in drafting documents related to partition suits.

This book is an essential resource for legal professionals, scholars, and students specializing in property law and Hindu family law. Its detailed commentary and practical insights make it a valuable tool for understanding the complexities of property partition in India.

1. Title, Extent, Commencement and Savings
2. Power of Court to Order sale Instead of Division in Partition Suits
3. Procedure when co-sharer Undertakes to buy
4. Partition suit by transferee of share in dwelling-house
5. Representation of parties under disability
6. Reserved bidding and bidding by share-holders
7. Procedure to be followed in case of sales
8. order for sale to be deemed decree
9. saving of power to order partly partition and partly sale
10. Application of act to pending suit
Appendix A  to ZA
Model Forms