Partition
Partition is division of the of the joint family property, i.e. the coparcenary property the individual property is not subject to the partition. A process by which coparcener server his relation which joint family and no more a coparcener.
In Mitakshara School the partition means two things
- Severance of status or interest of each coparcener.
- Actual division of property in accordance with shares so specified known as partition by metes and bounds.
Liability to be taken care of before partition
Debts: – Debts of father or the Karta taken on behalf or for the purpose of the joint family
- Marriage expenses of daughter.
- Performance of certain ceremony and rights.
- Maintenance there are some members of the Hindu joint family who are not coparceners but entitled to be maintenance out of the joint family property, they can be-
- Disqualifies coparceners and their immediate dependents.
- Mother, step mother, grandmother and other females entitled to be maintenance by the joint family property.
- Unmarried sister
- Widowed daughter of a disused coparcener.
Modes of partition
Experian of in intention:- one member of the joint family can express his intention to partition, that expression of intention only result in severance of joint status even through no actual partition took place.
1. By notice:- a severance of joint status may be affected by serving a notice either oral or written by a coparcener to another by showing his intention of separating from his property.
2. By will: – will containing clear intimation of the coparcener to serve from joint family status is sufficient, intention of separation.
3. By agreement: – according to mitakshara law school, partition can be claimed by an agreement. It, May by either in oral form in and written form. According to his school of all the coparcener decide t fix a share by partition by making an agreement that is a valid under Hindu law. In this the severance of status takes place from the date of signing the agreement.
4. By arbitration: – according to Hindu law, partition can be accused by arbitration. If the coparcener decides to appoint third person as arbitrator and in the proceeding if third person fixes the share that will be binding upon all the coparcener.
5. By suit: – if a member of a joint family files for partition in the court of law, if share his clear and unequivocal intention and partition will be effected from the date of filling the when court passes a degree of other coparcener.
6. Conversion to another realign: – this leads to automatic severance of status, and it exists from the say of such conversion. However, he is entitled to receive a share from the property.
7. Marriage under special marriage act 1956: – if a member of a joint Hindu family solemnizes marriage with non-Hindu according to special marriage act 1956, then he will automatically severe from the joint Hindu family, from the date of marriage, the partition will be affected and the he will get his share. But other member will remain the member of joint in Hindu family.
8. By father: – a father in a joint family may Couse severance of sons even without their concern. He is competent to affect such partition during his a lifetime and it would be binding upon his sons including minor. But if the interest of my son is affected bye an unequal division then they can challenge the partition.
9. By mere declaration to separate: – partition under mitakshara law, is a severance of status and as such it is a matter of intention or desire of parties. One member of the joint Hindu family can express his intention to partition, even though no actual partition takes place.
Reopening of partition
- Mistake: – suet can be filed, if any of the joint family properties have been left out of partition by mistake, they can be subjected to partition later.
- Partition done via fraud, coercion, misreprestion, undue influence.
- Disqualifies influence.
- Son in womb: – if a son is in the womb at the time of partition, and no share was allotted to him, at the time of partition then later it can be reopened.
- Adopted son: – the adopted son is permitted to re-open the partition in care if the widow of a coparcener adopted a son after the partition, such adoption and maintenance ant 1956, related back to the date of death of deceased husband & such adopted son can reopen.
- Minor coparcener: – if a minor coparcener can claim for reopening the partition if he is not allowed his share at the time of partition, after attaining majority.
Reunion
- Very ravel practised, if a you members of family want to get together and join there respective sheet of estates back again, they can.
- You can reunion with only yours brothers, father and parental uncle.
- You can reunion only with those members who we part of the partition.