partition of property under hindu law

Partition of Property under Hindu Law

Partition of Property under Hindu Law

In terms of Law, Partition means the division of property into two or more parts among the Joint Hindu Family where it provides separate conferment of status on the undivided coparceners. If there is a single or one coparcener, then no partition is possible in a Joint Hindu Family. A coparcener is an individual who inherits properties with other co-heirs.

Partition of Property under Mitakshara and Dayabhaga School

Dayabhaga school: Every adult coparcener has the right to demand partition by the demarcation of his shares in a Dayabhaga School. These partitions should be by bounds and metes.

Mitakshara school: Under this head, it should be remembered that there is no demarcation of property into specific shares, and essentials of a coparcener need to be established but the existence of Joint property is not an essential element for demanding partition. In Mitakshara School, a demand for partition is a definite and unequivocal declaration that conveys his intention of separating from the family.   

De Jure Partition:

When the community interest is broken down by one coparcener or by mutual agreement then the shares of the property are fixed or demarcated and these types of partition are called De Jure Partition and where there is no scope of application for Doctrine of Survivorship.

De facto Partition:

Breaking up of Unity of Possession is affected by an actual division of property and this is known as De Facto Partition.

Essentials of Valid Partition of Property under Hindu Law

The essentials of valid partition are as follows: –

  1. There must be an intention to get separated from the Joint Family.
  2. There must be a clear, unequivocal and unilateral declaration which conveys the intention to separate from the Joint Family.
  3. The intention must be communicated to the Karta or the other coparcener in his absence.

Effect of Partition of Property under Hindu Law:

A partition leads to the separation of properties in a Joint Family and after partition, an individual is considered free from his rights, duties, obligations and responsibilities which arise from the Joint Family. After partition, each individual or existing coparceners gets a fixed number of shares of the property.

Various Modes of Partition of Property:

Partition by the Father or Karta:

A father or karta in a family has superior powers to separate himself from the Joint Family and can also separate the son, and daughter including minors by affecting a partition.

Partition by an Agreement:

Coparceners by mutual agreement can make partition of the property on certain terms and conditions which they have agreed upon. 

Partition by Suit:

A property can be separated by filing partition suit in the court. The court provides a decree which specifies the respective shares of the coparceners. It is the most favourable way to express one’s intention to separate himself from the Joint Family property.

“In the case of Jingulaiah Subramanyam Naidu v Jinguliah Venkatesulu Naidu, S.A. No. 1195 of 2012, partition was sought of the property in the name of the wife of the opposite party claiming that they are joint properties and without making titleholder as the party. Therefore, the court stated that when the partition is sought of a party, it is a mandatory condition to make the titleholder a necessary party.”

Partition of Property under Hindu Law by Conversion:

Any coparcener of a Joint Family converts himself into another religion other than his religion then he would lose his membership of the coparcenary but it will not affect any other coparceners of the Family.

Partition of Property under Hindu Law by Arbitration:

Arbitration is another way to partition the property. In this process, the coparceners appoint an arbitrator who arbitrates and divides the property among the coparceners and this partition comes into effect from the same date when the arbitrator arbitrates and divides the property.

Partition of Property under Hindu Law by Notice:

A property can be divided by sending a notice of partition to other coparceners by the coparcener who intends to do so. A partition by notice comes into effect by sending a notice whether accompanied by a suit or not.

Partition of Property under Hindu Law

Overall partition of property under Hindu Law can involve various modes and methods. Partition is a very vital thing in a Joint Hindu Family since it gives rights to inherit properties separately. Coparceners can demand the partition of a property if they intend to do so and all the modes of partition are mentioned in the article which will help any coparceners or individuals to make a partition of the property. For partition help, contact the best property lawyer here.

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