PERSONS WHO CAN DEMAND PARTITON: –

Both the schools i.e. MItakshara and Dyabhaga allows every coparcener to seek partition and entitled
them to share. Even a minor can ask for a partition. Apart form this following coparcener cannot seek
partition:

1 Under Bombay school, children can’t request partition against their father if the latter is connected with
his own father or collateral.
2.Unqualified Coparcener

In this way, the coparceners reserve the privilege to request a partition and each coparcener is qualified
for have his share. Following are the people qualified for request partition.

1. Father- He can force a partition, between his minor child and himself with bonafide expectation,
else, it will reopen by the coparcener. On account of significant child and father, it ought to be by
common assent.
2. Children and Grandsons, and a great-grandson- Under Bombay School, the child cannot seek
partition without the consent of his father, if the father gets together with his own father and if
there should be an occurrence of Punjab Customary Law, as Punjab Customary law does not
give a right to lawson of partition by birth.
3. Child Born after Partition- As indicated by Vishnu and Yajnavalkya the partition ought to be
revived/reopened to give the concerned share after the birth of a child.
4. Adopted Son- A legitimate adopted male child qualifies to become an individual of a joint family.
He likewise has the privilege to partition and equivalent share too. As per Dayabhaga Law,” an
adopted child when contrasted with after brought into the world natural child, he takes one third
share, in Bombay and Madras one fifth share, and in Banaras one fourth of the portion of the last
mentioned. The laws identifying with selection has been altered by the passing of the Hindu
Adoptions and Maintenance Act, 1956.
5. Minor Coparcener- A minor coparcener, not at all like the major coparcener, can’t request
partition from the father or the Karta, yet this, in any case, doesn’t imply that the partition won’t be
influenced at his instance. In specific cases, where a father may act in such a way, that may
unfavourably influence the minor’s advantage, at that point, a minor can document a suit for
partition against the Karta through his well-wisher or next friend.
6. Alienee- A non-coparcener doesn’t have the option to request partition, however, there’s an
exemption where the share has been estranged by a unified coparcener, in states where he is
permitted to do as such, at that point the alienee can request partition. An alienee doesn’t have
the right to have joint ownership of the property as he is an alien to the family. Such partition
won’t have any unfavourable impact on the status of rest of the coparcener.
No female has a privilege to partition however if that partition happens, some female (Father’s Wife,
Widowed mother and paternal widowed grandmother) has an appropriate for a share in the partition. After
the 2005 amendment, daughters under Hindu family are also entitled to partition. However, a coparcener
is missing at the time of partition, it is suggested that his share is to be kept independently. In the event
that no share has been saved aside for him, he is qualified to get the partition reopened.

Partition which is done partially have a different set of effects on estate:

1. As to property- For the situation when the joint Hindu family claims more than one property in
better places, and one of the properties is to be sold or separated, such partition is partial
partition as to property.
 2. As to people- For the situation where just one of the individuals from the joint Hindu family needs
to isolate from the rest, such partition is incomplete or partial partition as to people.

How partition is effected

Partition can be effected, orally or by agreement it is not necessary that every partition has been
mandatory to be done in written agreement, but it is suggested to make an agreement while partition. It is
beneficial for everyone that no dispute will arise in future if partition is done in written form.
Essentials of a valid Partition

A coparcener has a right to demand partition any time without the consent of the other coparceners. It is
immaterial whether the other coparceners want to remain united with him or not. A demand, in order to
bring the severance of the joint status must comprise of the following three things:

1. Formation of an intention to separate from the joint family.

2. A clear, unequivocal and unilateral declaration of the intention to separate.
3. The intention must be communicated to the Karta or to other coparceners in his absence.

MODES OF PARTITION UNDER HINDU FAMILY: –

1. By conduct of family member- If one of the members of the joint family expresses his intention
to live separately, even though no actual partition takes place.
2. By Agreement- In the event that all the coparceners choose to destruct their joint status, it is
known as a partition by an agreement. This need not be recorded as a hard copy. From the date
of consenting to the agreement, the severance of the status happens. The shares dispensed to
the coparcener in the partition by an understanding of agreement need not be equivalent.
3. By Notice- The fundamental component of partition is the aim to isolate which must be conveyed
to different coparceners. Hence, partition may become effective even by a notification to the
coparceners, regardless of whether joined by a suit or not.
4. By will- At the point when the coparceners make a will which contains an unmistakable and
unequivocal suggestion of their desire to cut off themselves from the joint family is known as
partition by will. In Potti Lakshmi Perumallu vs Potti Krishnavenamma 1965 AIR 825, 1965 SCR
(1) 26, the Supreme Court observed, “where there is nothing in the will executed by a member of
Hindu coparcenary to unmistakably show that the intention of the testator was to separate from
the joint family, the will does not affect the severance of the status.”
5. By conversion- Change of religion a coparcener to a non-hindu religion consequently prompts
the severance of status of that coparcener from the joint family. He loses his participation in the
coparcenary however this doesn’t influence the status of other coparceners inter se.
6. By Arbitration- An arbitrator may be appointed for the purpose of partition, who separate the
property by dispenses and limits. In Kamal Singh v. Sekkar Chand, AIR 1952. Cal 447, The court
held that the partition must be to support the minor. Else, it won’t be binding on him.
7. By Father- Under the Hindu law, a power is given to father in the activity of which he can bring
out partition all alone if the coparcenary comprises of the father and his children only. He can
isolate his children from himself and furthermore separate the children from each other without
the assent of the children. This exceptional power of father is a piece of the ‘patria potestas’
(paternal power) that was perceived by Hindu law.
8. By suit- The most well-known approach to communicate one’s goal to isolate himself from the
joint family property is documenting a suit in the court. When the offended party communicates
his unequivocal aim to get isolated in the court, his status in the joint family property reaches to a
termination. In any case, a decree from the court is required which chooses the particular portions
 of the coparceners. The severance of status happens from the date of filing such suit in the court.
Both a minor and a significant coparcener may move toward the court for this reason.

People who are entitled to a share in 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. However, this rule goes with certain
exceptions under the Mitakshara law. The Mitakshara law safeguards and protects the rights of women of
the family including wives, widows, mothers and daughters. These members of the Hindu Joint family
have no right to demand partition but if anyhow partition takes place, they are entitled to their respective
shares. For these females, the entitlement of shares arises only if there is severance of status of the joint
family accompanied by a partition by metes and bounds. If she is not allotted with her share at the time of
partition, she has the right to reopen the partition to claim her share.

● Father’s wife: A wife does not have a right to demand partition in a Hndu joint family as she is not
recognized as a coparcener. But if partition takes place between her husband and sons, she is
entitled to get a share equal to that of a son. If a father was married before the enactment of the
Hindu Marriage Act, 1955, and has more than one wife, each wife is entitled to a separate share
equal to that of a son. However, if the father dies before partition, the son will take the entire
property under the doctrine of survivorship and the wife/wives will not get any share.
● Widowed mother: After the death of the father, if a partition takes place between the brothers,
their widowed mother will get the share equal to the share of a brother. Widowed mother includes
the step mother too if she was married to the father prior to the HMA, 1955.
● Paternal Widowed Grandmother: She has no right to demand partition but if a partition is taking
place between her grandsons, she is entitled to get a share equal to that of a grandson.
Grandmother includes step grandmother too.
Besides these three females, no one else is entitled to receive a share on partition. Daughter since, is
considered as a coparcener, has the right to demand partition after the amendment of the legislation,
thus, is not entitled to get share.