Partition

• To divide/separate and in JHF means splitting or division of Jf into smaller ,

separate , independent units.
• No partition possible unless 2 coparceners are there.
• Single coparcener : Family Arrangement
• There are 2 incidents of coparcenary property:
• A)Unity of possession( common physical enjoyment) and
• B)Community of interest( share are not fixed or specific but fluctuating
• De jure partition (in law) :Moment community of interest is broken i.e shares
become specific survivorship will not apply
• De-facto partition: when actual division of property takes place.
• Rules of Partition
• Persons entitled to demand partition:
• Coparceners
• Widow
• Minor (Kakumanu Pedasubhaya v. kakumanu Akkamma)
• Alinee
• Involuntary or automatic severance: Conversion, marriage under Special
Marriage Act.
• After born son
• Adopted Son
Mode of Effecting Partition
• Formation of intention
• Communication of that intention ( Puttrangamma v. MS Ranganna)
• Effective date of severance of status: would depend upon the manner of
communication
• Instantaneous
• Gap between expression of intention, putting in course of transmission, coming to
knowledge.
• Communication must be complete during lifetime( A. Raghvamma v. chenchamma)
• Revocation of Partition
• Partial partition
• Reunion
Persons entitled to get share at time of
Partition
• Coparceners
• Females (In all sub schools except Dravid : Father,s wife, Mother,
paternal grandmother)
• Children from void/voidable marriage ( Revanasiddappa & Another v.
Mallikarjun )
• Illegitimate son
• After born son
• Disqualified coparceners
• Rules of partition
Rules Of Partition

• Between 2 generation
• Shares to be so calculated that the share of father on one hand and
share of each of the son on the other are absolutely equal.
• F takes his share as his exclusive or separate prop wrt the sons, while
the son takes it as coparcenary prop when he has male issues.
• Where one son dies during the lifetime of father and leaves behind
male issues the branch of the deceased son takes the share that he
would have taken had he been alive.
 Succession
• doct of Survivorship: remaining coparceners
• 1937 Act:
• Few Female get share at time of partition: Except Dravid
• After 1956 : Doct of Survivorship restricted: Class I Female heires
• Notional/ Fictional
• State amendments: Kerala, AP 1985, T.Nadu 1989, Karnataka 1994, Maharashtra
19994
• After 2005: Abolished: Daughters are made coparceners
F
(S) S2
Delhi 2000
• F
• (A) W
• S D
• Ist Partition F &A ½
• Iind Partition will be b/w A,S,W, = 1/6 each
• Succession = W, S, D 1/18 each
2000 (Delhi)
• F1/2
• 1/6(A) W 1/6
• S 1/6 D
• Ist Partition will be b/w F & A ½ , /12
• II nd partition will be B/w A& S and w will get the share
• I/6 share of A will be divided among his class I heirs
• 1/18 , 1/18, 1/18
• Final Share F= ½
• W 1/6 +1/18
• S1/6 + 1/18
• D 1/18
2007 Delhi
• F
• (A) W
• S D
• Ist partition F &A ½ each
• IInd Partition A W S D 1/8
• Succession W, S, D =1/24
•
2000 Chennai
• F
• (A) W
• S D
• Ist Partition F&A ½ each
• IInd Partition A, S, D 1/6 each
• Succeession S,W,D 1/18
• Final Shares
•
2007 Maharashtra
• F
• (A) W
• S D
• Ist Partition F &A ½
• IInd Partition A, S,D ,W 1/8
• Succession W, S, D 1/24
• Final