All about Partition under Hindu Law
Partition under Hindu Law
What is Partition?
Partition means dividing the joint family property among the members of the Hindu Undivided Family (HUF), so each member gets a distinct share, ending their joint ownership. It dissolves the coparcenary or joint family estate to an extent, creating separate shares for each coparcener or member.
Types of Partition
Partition by Agreement
All coparceners agree to divide the property among themselves.
Partition by Court Decree
When coparceners cannot agree, a court may order a partition.
Partial Partition
Only some coparceners divide their shares among themselves.
Total Partition
The entire ancestral property is divided among all coparceners, ending the joint family relationship.
Essentials of Partition
Existence of Joint Family Property
The property must be joint or coparcenary property.
Demand or Notice of Partition
Usually, one coparcener must demand partition.
Division of Property
The property is physically or constructively divided.
Intention to Partition
There must be a clear intention to sever joint ownership.
Mode of Partition
Physical Partition: Actual division of property.
Constructive Partition: When physical division is impossible, partition can be deemed by the conduct of parties.
Effect of Partition
The joint family ceases to exist regarding the property partitioned.
Coparceners become separate owners of their shares.
Liability for debts is also divided accordingly.
Rights of Coparceners in Partition
Every coparcener can demand partition.
Partition can be partial or total.
Shares are usually equal unless otherwise agreed.
Partition severs the right of survivorship.
Important Case Laws on Partition under Hindu Law
1. Srikrishna Ramachandra Rao vs. R. Kamalamma (AIR 1961 SC 1575)
Issue: Whether a coparcener can demand partition.
Held: The Supreme Court held that every coparcener has an absolute right to demand partition and cannot be refused arbitrarily. Partition can be forced by any coparcener.
2. Gangabai vs. Malchand AIR 1954 SC 27
Issue: Effect of partial partition on other coparceners.
Held: A partial partition between some members does not affect the shares or rights of other coparceners who did not participate in it.
3. Lachman Utamchand Kirpalani vs. Union of India AIR 1962 SC 1006
Issue: Whether partition must be physical or constructive partition is sufficient.
Held: The Court observed that constructive partition is valid when physical division is impossible. Acts like separate enjoyment, accounting, or exclusion of other coparceners amount to partition.
4. Venkata Ramana vs. Venkata Lakshmi (AIR 1957 SC 430)
Issue: Effect of partition on the liability of debts.
Held: After partition, the liability of the coparceners is limited to their respective shares. The joint liability ceases for debts after partition.
Summary of Partition under Hindu Law
Partition ends the joint ownership of HUF or coparcenary property.
Every coparcener has a right to demand partition.
Partition can be total or partial.
It can be physical or constructive.
After partition, the coparceners hold separate shares and the joint family relationship, as to property, ceases.
Courts can intervene to order partition if coparceners cannot agree.
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