GROUNDS FOR PARTITION

Partition is a process by which the joint status is put to an end. In siple words Partition means the division of the Joint family. According to Manu “Once only a parttion made” that means Partition can not be reopened. But there are certain exceptions.Partion Can be reopened in the followig cases:

Grounds for Reopening the Partition

 1) After born son- 

At the time of the partition, the wife of a copracener may be envientre. if she gives birth to a son subsequently such son would be a coparcener and so entitled to a share. At the time of the partition itself, a share might have been reserved for him in anticipation of his birth. If this was not done, he can have the partition reopened. of his father had been allocated a share, ofcourse, he cannot seek reopening the partition for his right can be worked out inside his sub – branch

2) Adopted son –

If a coparcener’s widow makes an adoption after partition, such adoption, before the Hindu adoptiona and maintenance act,1956, related back to the date of the death of the deceased husband of the widow and so such an adopted son could reopen the partition

3) Minor coparcener – 

When at the time of the partition a coparcener is a minor, if his interest are not properly safeguarded, he may reopen the partition. Even when there is no fraud, misrepresentation or undue influence, a partition can be reopened at the instance of a minor coparcener (though he was represented by his father at the partition) if the partition was unequal, unfair or prejudicial to the interest of the minor

4) Fraud – 

If the partition was vitiated by fraud, it can be reopened when the fraud is discovered.

 5) Mistake – 

If by mistake some of the joint family properties had been left out partition they may be subjected to partition later on.

6) Disqualified Coparceners – 

        A disqualified coparcener is one who is diprived of his share at the time of Partition due to some disqualification, technical constraint. After the disqualification is removed, he can get the partition removed.

7) Absentee Copercenar –

Where a Copercenar is absent at the time of Partition. and no share is allotted to him, he can get the partition reopened.

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