Under the Hindu law, partition means a division of property of a Joint Hindu family in order to give separate conferment of status on the undivided coparceners. It is pertinent to note that no partition is possible if there is only a single coparcener in a Joint family.
Who can make partition under Hindu law?
Persons Entitled To Partition of Property under Hindu law
Under Hindu law right of partition is restricted to 3 degrees that include father, grandfather and great grand-father. All who have direct lineal descendent of common ancestors up to 3 degrees, to the common male ancestor constitutes coparcenary.
Who has right to partition?
Partition by father in his lifetime: If the coparcenery consists of father and sons only then father can make a partition, he can separate himself from the sons or father can also separate his sons from one another and the consent of the sons is not needed.
Who has no right to partition Hindu law?
People, as mentioned in the last head, have the right to entitle a share on partition. There are few others in the joint family who don’t have any right to partition but can be entitled to share if partition takes place. This list of few others includes three females: father’s wife, mother and grandmother.
Who among the following is not eligible for partition?
The general rule is that any non-coparcener members of a joint family, whether male or female is not entitled to get a share in the joint family property on partition.
Can a daughter be a Coparcener?
After marriage, a daughter will cease to be a member of her parental HUF, but will continue to be a coparcener. Thus, she is entitled to ask for partition of the HUF property, as well as to become the Karta of the HUF, in case she happens to be eldest coparcener of her father’s HUF.
Who can enforce partition of a joint family property?
1. Sons and Grand-Sons: Under the Mitakshara Law, the right of a son, a grand-son and a great grand-son as well as every other adult member of the coparcenary, can demand a partition even against the consent of the others.
How do you prove joint family property?
Not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds …
Who can file partition suit?
Instituting a partition suit: When all the owners do not agree to the terms of the property division, one or more co-owners can file a partition suit in court.
How do Hindu families divide property?
Property can be divided equally among siblings/children of your grandfather. If your uncle claiming more share then ask him to go to Court or file a suit for partition through your father.
How do you split property between brothers?
A partition deed for a property is executed to divide the property among different people – usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.
Who Cannot reopen a partition?
A partition can be re-opened on the grounds of Mistake, Fraud, Son in Womb, Adoption, Disqualified coparceners, Son conceived and born after partition, Absentee coparcener; and Minor coparcener. In case the partition is found fraudulent, it can be set-aside and the person injured can claim to reopen of the partition.
Can a minor ask for a partition?
The minor reserves a right to claim partition just like an adult coparcener by filing a suit through his guardian. But, if it is found that the suit is not beneficial to the minor the suit can be dismissed. Therefore, it is the duty of the court to serve justice to the minor by protecting their rights and interests.
How property is divided in family law?
Under the Hindu law, property is divided into two types: ancestral and self-acquired. … So, by law, a father cannot will such property to anyone he wants to, or deprive a daughter of her share in it. By birth, a daughter has a share in the ancestral property.