As a rule, in the Mitakshara and Dayabhaga schools, each Coparcener is entitled to the score and each Coparcener is entitled to a share of the score. Apart from the Coparceners, no one else has the right to partition. No woman other than the girl is entitled to division, but when a division takes place, some women are entitled to a share. These women are the wife, mother and grandmother of the father It is important to note that a Coparcener reserves the right to demand a division at any time without the consent of the other Coparceners. Therefore, in order to increase the demand for division, the following bases must be established: Mother – in the case of a division between sons, a widowed mother can take as much share as that of the son. 1. Personalization of assets: Sometimes one can face a situation where there is a discrepancy during partition and this can result in a loss for the heir. Even if there are slight inequalities in the partition that can be adjusted with small changes. It is important to note that if there was an oral division in the common Hindu family and the land was duly divided between the father and his sons and the land, as also indicated in the tax documents accordingly, after that, if the father had the father, accordingly decided to live with an eldest son who takes care of the father in terms of food and agriculture, It cannot be said that there was a reunion of the family, for it was only a duty and a pious obligation of the eldest son or another son of the family to take care of the old father. In Hindu law, prima facie co-park property, whether movable or immovable, only leads to the creation of partition rights.

Self-acquired property or separate property belonging to the individual owner is absolutely subject to the will of the owner. Property acquired from common family property, companies, profits from the joint work of members is also subject to joint execution. Dayabhaga School: In a Dayabhaga school, each adult Coparcener reserves the right to demand a division by physically delimiting his shares. Such a partition must correspond to the delimitation of certain parts of the partition, that is, the partition according to the boundaries and settings. “The essential element of the division is the intention of separation, which must be communicated to the other Coparceners. Therefore, a division may also enter into force by notification to the joint shareholders, whether or not it is accompanied by legal action. No woman has the privilege of sharing, but when this division takes place, a woman (wife of the father, widowed mother and widowed paternal grandmother) has a fair share of the division. After the 2005 amendment, girls from Hindu families are also entitled to partition. However, given that a Coparcener is missing at the time of the split, it is proposed that its share be held independently. In case no part has been saved for him, he is qualified to reopen the partition. Under the Mitakshara school means division – separation of status or interests and actual division of ownership in accordance with the actions of Metes and Bounds.

According to the Mitakshara school, after the death of the father, the mother or even the mother-in-law (even without children) is entitled to a share. However, according to Dayabhaga School, a childless mother-in-law is not entitled to a share of the division. The following persons can claim division and have the right to participate in division: if the co-park consists of only one father and his sons, he has the right to influence the division without the consent of the sons. It binds the sons because of the power given to the father. However, such a division must be made in good faith. The partition can be done orally or by agreement, it is not necessary that each partition is mandatory to be performed in written agreement, but it is recommended to make an agreement when dividing. It is advantageous for everyone that no litigation arises in the future if the division is made in writing. 6. Disqualified Coparcener: These Coparceners are generally not eligible to participate due to certain disqualifications.

He may request the reopening of the division if such disqualification ceases to exist. This is the most common approach to strict rights. The division can be requested by taking legal action. The consent of the father is not required, an authorized son during the father`s lifetime can bring such a lawsuit. A minor as well as a major co-park have the right to go to court for this purpose. The minor reserves the right to claim division just like an adult Coparcener by taking legal action against his guardian. However, if it turns out that the application is not advantageous to the minor, the action may be dismissed. Therefore, it is the duty of the court to provide justice to the juvenile by protecting his or her rights and interests. [1] Angad, Property Division Laws of India, A division of property can be made under Hindu law in several ways, including by agreement, will, notice, arbitration, transformation, etc.

Intention is the essence of division. Coparcener`s suggestion about his clear intentions gives him the right to receive his share, whether or not others accept a separation, and there is a separation in the family.[9] The intention must be communicated to be effective. This can be in different ways, either explicitly or through the conductor of other family members. Son in the womb: If a son is in the womb at the time of division and for some reason he is not entitled to a share, he has the right to reopen the division. When the co-park consists of a father and his sons, he has the right to cause division. He is competent to make such partitions. This power is part of the “Patria Potestas” recognized by Hindu law. To exercise this right, the father does not need the consent of his sons[6] and he also binds the sons. However, when the lawsuit was brought by a minor son for division and there was no doubt that Karta and his son were both entitled to half of the share of the assets of the lawsuit, it was later determined that the Karta had sold part of the property of the lawsuit without having the consent and knowledge of the minor son. In general, the division once executed cannot be reopened under normal circumstances, as Manu determined: “Once the division is made, once a girl is given in marriage, once a man says I give.

These three are good people who have been made once and for all and who are irrevocable. However, there are a few exceptions to this rule, and the partition can be reopened for various reasons such as error, fraud, by a son in the womb, disqualified coper, minor absenteeism, etc. It should be noted that the simple readjustment of the property does not equate to the reopening of a separation wall. E. Adopted son: If a son is legally adopted even after division, he can have the partition reopened. In the event that it is common ground that the assets of the action are common family property and that the document relating to the division was born after the commencement of the oral division, the abovementioned document would not require stamping or registration requirements. If there is an oral score, the oral score itself creates a personal interest in that particular property and not in the document that is created later, the document can be used to prove status separation. 2. Son, grandson and great-grandson – Under the Dayabhaga school, there is no leaf composed of the father and his male descendants, and therefore sons, grandchildren or great-grandchildren are not entitled to division. On the other hand, under the Mitakshara school, the son, the son of the son and the son of the son are entitled to division. If the father is not related to any of the above relationships, the sons have a right of division against their father.