MARC details
| 000 -LEADER |
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| fixed length control field |
04533nam a22002177a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
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| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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| control field |
20250217045304.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
240821b |||||||| |||| 00| 0 eng d |
| 020 ## - INTERNATIONAL STANDARD BOOK NUMBER |
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| International Standard Book Number |
9789391211660 |
| 040 ## - CATALOGING SOURCE |
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| Transcribing agency |
. |
| 082 ## - DEWEY DECIMAL CLASSIFICATION NUMBER |
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| Classification number |
346.015 |
| Item number |
SAX |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
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| Personal name |
Saxena, Poonam Pradhan |
| 245 ## - TITLE STATEMENT |
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| Title |
Family law II / |
| Statement of responsibility, etc. |
by Poonam Pradhan Saxena |
| 250 ## - EDITION STATEMENT |
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| Edition statement |
5th ed. |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
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| Place of publication, distribution, etc. |
Gurgaon: |
| Name of publisher, distributor, etc. |
LexisNexis Publications, |
| Date of publication, distribution, etc. |
2022. |
| 300 ## - PHYSICAL DESCRIPTION |
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| Extent |
646p.; |
| Dimensions |
24cm. |
| 505 ## - FORMATTED CONTENTS NOTE |
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| Formatted contents note |
Part I : Introduction<br/>Law of Intestate and Testamentary Succession in India<br/>Part II : Hindu Law<br/>Chapter 1 : Sources of Hindu Law<br/>Chapter 2 : Hindu Joint Family<br/>Chapter 3 : Coparcenary<br/>Chapter 4 : Dayabhaga Joint Family<br/>Chapter 5 : Categorisation of Properties<br/>Chapter 6 : Karta<br/>Chapter 7 : Trading Families<br/>Chapter 8 : Alienation of Joint Family Property<br/>Chapter 9 : Son's Liability to Pay Father's Debts<br/>Chapter 10 : Partition<br/>Chapter 11 : Legislative Interventions in the Concept of Hindu Joint Family and the Coparcenary<br/>Chapter 12 : Hindu Succession Act, 1956<br/>Part III : Muslim Law<br/>Chapter 13 : Muslim Law<br/>Chapter 14 : Gifts<br/>Chapter 15 : Wills (Wasiyat)<br/>Chapter 16 : Gifts made during Marz-UL-Maut<br/>Chapter 17 : Inheritance<br/>Part IV : Annexures<br/>ANNEXURE I: I The Caste Disabilities Removal Act, 1850<br/>ANNEXURE II: The Hindu Inheritance (Removal of Disabilities) Act, 1928<br/>ANNEXURE III: The Hindu Gains of Learning Act, 1930<br/>ANNEXURE IV: The Hindu Succession Act, 1956<br/>ANNEXURE V: The Muslim Personal Law (Shariat) Application Act, 1937<br/>Subject Index |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc. |
The judicial interpretations in the domain of Family Law II, since the publication of the Fourth Edition around three years back, and notwithstanding the absence of legislative modifications, have been varied and impactful. It has been more than 16 years that a Hindu daughter gained entry into the classical concept of Mitakshara (male only) coparcenary, yet her rights and entitlements that ooze legislative clarity saw the imposition of unnecessary and unwarranted judicial stipulations. The past year witnessed the crystallization of her right by a powerful pronouncement by the Apex Court in the shape of Vineeta Sharma v. Rakesh Sharma, laying to rest the conflicting and surprising judgments rendered by its own earlier benches. Hopefully that would set at rest the confusion created by the earlier pronouncements and facilitate consolidation of her status and property in tune with the legislative accord. It is heartening to note that more and more daughters have started to come out of their shell and are breaking the social stereotypes and shackles of an obligatory relinquishment of their legitimate shares in favor of their brothers. The judiciary is actively supporting them as well in claiming their lawful shares. With the continuation of the Hindu joint family and coparcenary, the ownership of two kinds of property by a Hindu carries on, viz., a share in the coparcenary property and separate property, and even though the classification of both is distinct and clear, a confusion still persists in the categorization of property and its devolution linked with the sex of the holder. The legislative mandate of the application of a notional partition at the time of the demise of an undivided male coparcener automatically converts his undivided share into his separate property, with his class-I heirs acquiring it, resulting in a complete abolition of the application of the Doctrine of Survivorship. However, the devolution of an undivided interest in Mitakshara coparcenary in the case of a female coparcener is still unclear, as her share in the event of her death as an undivided member of the coparcenary does not go to her primary heirs, which include her husband, but would go only to her children or/and children of deceased children. Judicial precedents suggest the application of the doctrine of survivorship if a female coparcener dies issueless (even if she was married), which stands in a sharp contradiction to the legislative consequences in the case of the death of a male coparcener. The complete exclusion of the spouse of a female intestate with respect to the share in coparcenary property and the inclusion of the spouse of a male coparcener in an identical situation actually create a distinction between the rights of a son and a daughter in a Mitakshara coparcenary that is contradictory to what the legislature intended. ---provided by publisher |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
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| Topical term or geographic name entry element |
Family Law |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
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| Source of classification or shelving scheme |
Dewey Decimal Classification |
| Koha item type |
Books |
