REOPENING OF PARTITION

Reopening of Partition  – 

According to Manu, ” once only a partition made.  To this principle, however, there are the following exceptions –

 After Born Son –

At the time of the partition the wife of a coparcener maybe 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 to him in anticipation of his birth. If this was not done he can have the partition reopened.

 Adopted Son –

If a coparcener’s widow makes an adoption after partition, such adoption,  before the Hindu adoption 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.

 Minor coparcener –

When at the time of the partition a coparcener is a minor if his interests 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.

 Fraud – 

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

 Mistake –

The partition can be Reopened if it is made by mistake the joint family properties had been left out of partition they may be subjected to partition later on

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