MODULE-II

PARTITION
Essentials of Partition
 Severance of Status
 The declaration of the intention and the communication of
the intention
 Severance by Unilateral Declaration may also amount to
Partition.
 Intention to Separate by Conduct.
 Case-laws:
• Appovier v. Rama Subba Ayyah (1866) 11 MIA 75
• Raghavamma v. Chenchamma AIR 1964 SC 136
 Subject Matter of Partition
 Subject to partition.
 Provisions must be made for
a) joint family debts; (legal necessity)
b) funeral expenses;
c) maintenance of dependents;
d) and marriage expenses.
 The properties indivisible by its very nature.
 Partition
 Partition may be Absolute or Partial.
 A partition is partial when one or more but not all members of the family
sever their undivided status which they had previously enjoyed as
members of the undivided family.

Partial Partition

As to Person As to Property
 Persons Entitled to Share on Partition
 The legitimate claimants are only entitled for a share once a partition
takes place in a family.
 The coparceners (son and daughter both) are the legitimate claimants in a
coparcenary property.
 A child conceived at the time of partition but born after the partition.
 Shares for Women:
A) Mother of a Coparcener where a partition takes place between her
husband and her sons.
B) Widowed-mother.
C) Grandmother
D) Widow of a Coparcener.
 Cont...

A W1

S1 S2

S3 S4 S5
 Doctrine of Per Stripes
Division per stripes means division of shares as per branch or branches.

S1 S2 S3

Partition between A and his sons (S1, S2 and S3).

Cont...
Division per stripes

W1 A

S1 S2 S3

Partition between A and his sons (S1, S2 and S3).

Cont...
Division per stripes

W1 A

S1 S2 D1

Partition between A and his sons (S1, S2).

 Doctrine of Per Capita
Division per capita means members of each branch or branches take a
share as regards each other.
W A

W1 S1 W2 S2 W3 S3

S4 S5 S6 D1 D2
 Doctrine of Representation
S1 and S2 are the deceased coparceners in the family.

W1 S1 W2 S2 S3

S4 S5 S6 D1
Cont...
S1 and S2 are the deceased coparceners in the family.

S1 W1

S2 W2

S3 D1
Cont...
F

B A C

W1 S1 W2 S2 S3

S4 S5 D1 S6 W3
Cont…

W A

W1 S1 W2 S2 W3 S3 D H

HS1
D2 S7 W7
W4 S4 S5 W5 W6 S6 D1

S9 D3
S8
S10
Cont...

W1 A

S1 S2 S3

S4

Partition between A and his sons (S1, S2 and S3). S4 is a minor.

Cont…

W1 S1 S2

D1

Partition between A and his sons (S1, S2).

Cont...

B A W

W1 S1 W2 S2 S3

S4 S5 D1 S6

Identify the share of S4 and S5 if a partition takes place in the family headed by A.
Cont…

W1 S1 S2 W2

H D1 S3

HS1

Identify the share of S3 if a partition takes place in the family headed by A.

Cont...

A W

W1 S1 W2 S2 S3

S4 D1

Identify the share of S4 if a partition takes place in the family headed by A.

 Re-opening and Re-union in Partition
 A partition once made is final and cannot be re-opened except under
certain circumstances.
 A partition can be re-opened if it is proved that such partition has
been vitiated due to fraud, undue influence.
 If the minors are also a part of partition, interests of the minor was
not taken into account.
 Re-union means that the members who had severed the jointness in
status and property desire to restore the original joint status.
 Reunion can be effected either by an oral agreement between the
parties after the partition or by their subsequent conduct.
THANK
YOU
Ms. Ashwini Kelkar
Assistant Professor of Law
MNLU, Nagpur
ashwini@nlunagpur.ac.in