UNIT-II

VARIOUS MODE OF PARTITION

Prepared by: Dr. Mukesh Kalwani

PARTITION BY FATHER DURING HIS
LIFETIME
 If CR –Father and sons only, he can bring division on his
own

 He can separate his sons from himself and also separate

the sons from one another

 Consent of sons not required as this is a part of partia

potestas (paternal power)
 Partition by Individual CR through unilateral
declaration

 Partition by agreement
 Agreement need not be in writing.
 If properties divided by an agreement, registration is
compulsory

 Partition by conduct
 When members of the family actually divide the family
property by metes and bound and each member is in
separate possession and enjoyment of the share allotted
to him, a partition is said to take place by conduct
 Partition by suits
 Severance of the status takes place from the date the suit
is instituted

 A decree may be necessary for working out the definite

shares but the status of the plaintiff as separate in estate
is brought about on his assertion of his right to separate
whether he obtains a consequential judgment or not

 A minor or a major both can go to the court for this

purpose
 Partition by notice
 A partition merely requires an intention to separate; it
can therefore be effected even by a notice, whether
followed by a suit

 Partition by Mediation or Arbitration

 An agreement btwn the members whereby they appoint
an arbitrator to arbitrate and divide the property operates
as a partition from the date thereof
 Partition by conversion
 A Hindu who renounces the Hindu religion and
embraces a non-hindu religion is separated from his HJF

 He loses his membership of coparcener but his

conversion does not affect the unity of the remaining
coparceners

 Reconversion does not ipso facto bring about his

coparcener relationship in the absence of subsequent act
pointing to a reunion
 Partition by Special Marriage
 Marriage by Special marriage act causes severance
between him and the other members of the family

 Partition by Adoption
 Adopted son’s interest