Wednesday, 31 August 2017

Sunday, 25 February 2018

Partition and modes of Partition in Hindu law

partition simply means divide a property into two or more parts. Partition in one sense is a severance of joint family, the term partition is a word of technical import in Hindu law.There are various mode of partition available in Hindu law they are discussed below.

According to Mitakshara law, partition has two distinct meaning.In the first place it means the adjustment into specific shares the diverse rights of different members according to the whole of family property.In the second place it means the severance of the joint status with the legal consequence resulting there form. Every adult Coparceners has the right to obtain partition of the joint family property.


Modes of Partition 

1. Partition by Mere Declaration
Partition under mitakshara law is a severance of joint status and it is the matter of individual volition.All that is necessary to constitute.partition is a definite and unequivocal indication of his intention to separate himself from the joint family and enjoy his share in severalty.

2.Partition by Notice
The another mode of partition is partition by notice.severance of joint status may be effected by serving a notice by a copercener on the other coperceners including his intention to separate and enjoy the property in severalty.

3.Partition by will
Partition will be effected by a copercener by making a will containing clear and unequivocal intimation to his coperceners of his desire to separate himself from the joint family.

4.Conversion to another faith 
Conversion of a copercener to any other religion operates as partition of the joint status as between him and other members of The family.Such a convert takes his shares in the family  property as it stood at the date of his conversion.

5.Marriage under special Marriage act 1954
Another mode of partition is Marriage of a Hindu under the special marriage act cause severance between him and other members of the family.

6.Partition by Agreement
An Agreement between the members of joint Hindu family to hold and enjoy the property in certain shares as separate owners operates as partition.

7.Partition by arbitration
Another mode of partition is partition by agreement between the members of joint family where by they appoint an arbitrator to arbitrate and divide the property and divide the property.

8.Partition by father
Father is another mode of partition. Hindu father under mitakshara law can demand for partition along with his son even in presence of the karta. The father may also cause the severance of the sons without their consent.

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