FAMILY LAW – 2

PROJECT SYNOPSIS

A STUDY ON THE CONCEPT OF PARTITION UNDER HINDU LAW

INTRODUCTION:

This research project will be based on a critical study about the concept of partition under
Hindu law and the project will have a brief introduction towards the evolution of the concept
of partition under the two different schools (dayabhaga, mitakshara) of hindu law. The term
partition in hindu family law generally can be explained in the aspect as bringing the joint
owned property status to an end were a coparcener in a joint hindu family ends his/her owing
powers in the joint property to an end. The paper will mainly be based on a comparative
study between the concept of partition in the two different schools of hindu law in the several
aspects of the similarities and difference in the several aspects of partition in it like the
subject matter of partition and the effects of it with modes of partition in a brief manner to
analyze the concept and the principle of legality in the partition mode in the hindu law. The
methods of reopening and reunion of the partition will be discussed in a brief manner in the
project. The main objective of the project is analyzing the salient features in the partition
status in hindu law as with respect to the hindu succession act and the Indian succession act
in exceptional cases with the help of case laws. The other aspects of the project will be in
respect to the research problem and the understanding of the defined law will be analyzed

RESEARCH OBJECTIVES:

The main objective of this research project is to

 To study the elements required for the partition to take place in the hindu law.
 To comparatively study between the rule of partition in the dayabhaga, mitakshara
schools of hindu law.
 To study the rights of a person entitled, and persons not entitled for partition.
 To study the concept in reopening and reunion of a partition to check the rights over
the cancelled joint status rights regained.

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RESEARCH PROBLEM:

The main research problem of this project is that the concept of partition in hindu law was a
predefine set in the context to have to end the joint family property status. The main issue in
the concept of partition is that the division of property there in certain case few women in the
family are not entitled to have the right of partition in specific, but sometimes are allotted
only shares, and when again when partition once ended and again reopened the shares by
modes of partition tends to remain ambiguous in certain cases and in respect to the above
mentioned cases which school of hindu law has a more specific and fair set of rules for the
rights of person over the property in the mode of partition will be analyzed.

RESEARCH QUESTION:

The research question for this research project will be:

 Which school of Hindu law grants more partition rights to women and an unqualified
coparcener?
 The rights of minor to be a coparcener and to reunite to partition can be held valid?

REVIEW OF LITERATURE:
 Denault, Leigh. “Partition and the Politics of the Joint Family in Nineteenth-Century
North    India.” The Indian Economic & Social History Review, vol. 46, no. 1, Jan.
2009, pp. 27–55, doi:10.1177/001946460804600103.
In this article the author discusses about the importance of the creation of alienable
property rights and markets in land became a clear motive for supporting the North
Indian Hindu joint family as a social norm across India, and check with rational
behind the concept of partition in North India, regarding this article the project will
seek to the analysis of the disparities in the partition system.
 Ashish Kumar Singh, “Demystifying Notional Partition under Hindu Succession
Act, 1956” https://medium.com/@TheIYEA.
In this article the author will discuss the legal fiction of notional or deemed partition
under section 6 of the Hindu Succession Act, 1956 (prior to the 2005 amendment)
has metamorphosed into a real partition, by analysing how judicial pronouncements
have obliterated the difference between the notional partition and the real partition

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 by side-lining the classical concept of the coparcenary and joint family property, for
the details in the text to understand and interpret the partition in Hindu law.
 Monika, Partition under Hindu law, Ipleaders, https://blog.ipleaders.in/partition-
under-hindu-law, apr.12, 2019.
This article is also easily understandable and makes it simple to understand. The
author has failed to explain with case laws. This article only explains all these things
briefly; hence my paper will look into to it very broadly and will try to explain it in a
very wide manner. But my paper will discuss about the all the case laws and
provisions regarding partition under Hindu law.

HYPOTHESIS:

The research hypothesis will consist of the subjective findings of the research problem and
question that was put forth to establish the fair mode of partition in Hindu law schools and
the exceptions from rights to partition, with different modes and the point of reopening and
reuniting to an ended partition will be solved in both practical and theoretical situations, that
result when applying this seemingly simple common law principle ,and the study will be
concluded with the help of secondary resources and case laws and legislations.

RESEARCH METHODOLOGY:

The research paper is based on critical study of the concept for which will be supported by
secondary methodology will be implied which involves collecting information from the
writings related to this topic of various other distinguished authors. This methodology allows
us to collect, analyze and compare the available existing literature.

CHAPTERIZATION:

CHAPTER 1: introduction to the concept of partition

CHAPTER 2: the difference between the elements of partition in the hindu schools of
law

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CHAPTER 3: the aspects of the modes of partition and the reopening of partition
discussed with case laws

CHAPTER 4: critical analysis

CHAPTER 5: hypothesis and conclusion

CONCLUSION:

the synopsis will be used to the explain the main work of the research project will consist of
the subjective interpreting suggestions and findings of the project will be provided and the
conclusion will be based on the interpreting assertion statements made regarding the work.

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THANK YOU

SUBMITTED BY:

ABHISHEK.S

BC0190002

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