Partition is the division of joint family property i.e., coparceners’ property into two or more parts, the individual property is not subject to the partition. It is a process by which joint family ceases to be joint family, and nuclear family come into existence. And automatically by law the joint status of the family come to an end.
In Mitakshara school, the partition means two things:
- Severance of status or interest of each coparcener i.e. When every single coparcener gets their individual share in the property by mutual consent.
- Actual division of property in accordance with shares so specified, known as partition by meter and bounds. Means a physical and strict division of property and after that joint family will come into an end.
Partition of property means the partition of the Ancestral property and not the individual or self-acquired property. Under Hindu law no coparcener in entitled to claim his parental self-acquired property on partition during his parents’ life time, if father wants to gift by its will, they can give but no one can claim any self-acquired property during the life time of that person. However, in case of ancestral property, the coparceners have the right to claim partition at any time. After the amendment act of 2005 a daughter shall also be a coparcener and shall have a right to ask for a partition. Where certain things which are divisible by nature or subject to adjustments among the coparceners, 3 methods of adjustments among the coparceners are available-
- Property can be enjoyed by coparceners jointly or in turns.
- One of the coparceners may keep the property and the value of it may be divided among other coparceners as compensation.
- Or the property may be sold and the proceeds from the same may be distributed among the coparceners.
There are many ways by which partition has been effected:-
- Partition by suit: – By instituting a suit in court of law, the intention for partition has been communicated by filing a case it is not essential to make every member Hindu undivided family as an essential party to the suit.
- Partition by will: – Anyone can make a will for his or her successors and divide the property among them, it is called as partition by will.
- Partition by arbitration: – Partition by arbitration means an arbitrator has been appointed by the court. The arbitrator will help in finding some solution and by mutual consent of all the parties partition has been take place and joint family property has been divided among themselves.
- Oral partition: – By oral communicate the intention of the partition and by orally decided the partition between all the coparceners.
- Partition by agreement: –By a written agreement between every coparcener.
- Partition by conduct:– When the member of the family divide the joint family property in metes and bound, and each coparcener is in separate possession and enjoyment of the share allotted to them, it is called as partition by conduct.
- By notice: – A partition merely require a intention to partition it may be effected even by a notice, whether followed by suit or not.
Effect of partition: A Partition leads to severance of property or separation of property in a joint Family. After partition, a person is considered as free from his rights, obligations, duties and responsibilities arising out of a Joint Family.
- References: https://lawbhoomi.com/all-about-partition-under-hindu-law/#What_Property_is_Divisible_on_Partition
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