UNIT-II

REOPENING OF PARTITION

Prepared by: Dr. Mukesh Kalwani

 The courts have taken the view that though a partition once
effected is final, yet it can be re-opened in case of fraud,
mistake or subsequent recovery of property
(Moro v. Ganesh)

 The matter may be looked at from two angles:

1. Readjustment of properties, and
2. Re-opening of partition
READJUSTMENT OF ASSETS
 Re-adjustment of properties which are discovered after
the distribution of assets had taken place

 For instance, some properties may be left out from the

partition by mistake or oversight, or some lost properties
may be recovered later on, or there may be some items
of property whose distribution has to be postponed
because they were in the possession of a third person

 Thus, the general rule is that when readjustment can be

made, a partition need not be re-opened
RE-OPENING OF PARTITION
 When readjustment of properties is not possible, the
entire partition has to be re-opened

 Generally, a partition can be re-opened if it was obtained

by fraud, misrepresentation, coercion or undue influence

FRAUD
 When whole scheme of distribution of properties is
fraudulent, it will be ordered to be set aside, unless the
person injured has acquiesced in it with full knowledge
of all material facts
Son in womb
 if no share reserved for him-he can get partition re-
opened

Disqualified coparceners
 who recovers from his disqualification after the partition,
can get partition re-opened if he was an after born son

Son conceived and born after partition

 Where the father does not take a share on partition and
the son is begotten and born after partition, the partition
can be re-opened
Absentee coparcener
 If at the time of partition coparcener is absent and no
share was allotted to him, he can get it re-opened

Minor coparcener
 Can get it re-opened if he can show the partition was
unfair, prejudicial or unjust