Question: Write a note on reunion of partition under Hindu Law.

 

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Reunion of Partition

Reunion means; the process of restoration of the Joint status of a family after its partition is affected. In other words, reunion is the situation where a family once joint, and later partitioned, then decides to regain the status of a joint family and affects the reunion to the same affect. Reunion is possible even after a complete partition among Hindu families only in the following conditions:

 

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1.      Partition

The question of reunion only arises after the partition is affected.

 

2.      Intention of the Parties to reunite

The foremost condition for the reunification of the Joint family estate is the intention of the parties to the partition to reunite.

 

3.      Consensus ad idem

Means; meeting of mind of the parties. There must be absolute consent from each and every coparcener. Such consent although, need not be in the form of a formal agreement, but a mere oral, written or implied consent shall suffice.

 

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4.      Reunion only between parties to the partition

The reunion can only be affected by the parties who were a part of the original partition. No outsider can be made party to the reunion.

 

5.      Competence to contract

Only a party that is competent to enter into a valid contract can reunite as a coparcener. Therefore, a minor or a person of unsound mind cannot reunite.

 

6.      Similar property not required

It is not necessary to have the existence of the similar property as at the time of partition, for the purpose of reunion.

 

Also Read: Important Solved Questions on Constitutional Law, (Updated)

 

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