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

 

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Answer

According to the Hindu Law, a partition once made stands to be irreversible and irrevocable. Although, to cater to the public interest, certain exceptional situations have been allowed by law under which an application to re-opening of partition can be applied. They are as follows:

 

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1.      Fraudulent Partition

Where a coparcener has unfairly obtained an advantage in the distribution of property through exercising fraudulent behaviour, the partition can be reopened.

 

2.      Son in womb

If the son was in his mother’s womb at the time of partition and no share was allotted to him, the partition can be reopened.

 

3.      Minor Coparceners

After attaining majority, the minor coparcener becomes entitled to reopen the partition to claim his share in the property, if the share was not reserved.

 

4.      Existence of adopted son

Section 12 of Hindu Adoption and Maintenance Act, 1956 prescribes the right of adopted sons to be coparceners to property at the time of partition. If they have been ignored while partition, it can be reopened.

 

5.      Coparcener disqualified

In certain cases, a coparcener can be declared disentitled to his share at the time of the partition due to certain disqualifications of technical restraint, in which case, he can re-open partition once said disqualification ceases to exist upon him.

 

6.      Absence of a Valid Coparcener

In a case where a coparcener holding a right to share in the property is absent at the time of partition, and no share is allotted in such coparcener’s name, such coparcener also has a right to ensure re-opening of partition.

 

7.      Addition of Property after Partition

In a case where property is mistakenly or deliberately left out, lost or seized at the time of partition, the partition can be re-opened in the said case if the properties re-surface. Although it is not necessary for the partition to be re-opened for the distribution of the said re-surfaced property. It simply means, if the said property can be viably distributed within coparceners without re-opening of partition, there is no necessity of disturbing the prior process.

 

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