![]() Son, Grandson and Great Grandson can seek partition or have the right to seek partition.While making the partition of the property father should act with bona fide intention and he should not make the partition with malifide intention and should not be unfair to any of the sons or daughters. Father – Father has the power to make partition of the property and also effects the partition among the sons and daughters. ![]() Mitakshara School and Dayabhaga School allow coparcener to demand partition. Legislative prohibition – There are certain properties which can’t be divisible for some social cause.Ī person who is Entitled to demand Partition –.These properties are sold and the amount is divided among the family members. Property indivisible by its nature – There are certain properties which can’t be partitioned but can be sold such as jewellery, furniture, staircases and so on.It is given to the senior member of the family if he or she devoted to god and all the members can worship the idol. Family shrines, temples or idols – Family shrines, temples or idols cannot be sold or partitioned.If there is no agreement made between them then the property will be sold and the proceeds of the sale will be divided among the coparceners. Dwelling house can be decreed for partition if insisted but the court tries that such property stays with one or more coparceners. Dwelling House – We know that in the ancient times Smritikars believed that there cannot be partitioned of dwelling house but in modern days or nowadays people don’t believe this concept.Properties which are not subject to Partition – When the property is partitioned without hampering or destroying the value of the property, the partition can be done but if the partition is hampering or destroying the value of the property then no partition can be done instead money compensation should be given for such property. So, we can conclude that the only property that can be divided or partitioned is the coparcenary property. Coparcenery property means the ancestral property so it can be divided among the members of the family or persons but self-acquired property cannot be partitioned because it is hard-earned property. Subject Matter of Partition –Ĭoparcenery property can be divided among the members of the family or person. The concept of partition is different under Mitakshara and Dayabhaga School of law. According to the Hindu Joint Family, the partition is a process by which joint family status among the coparcener comes to an end. There are different provisions under different Acts to make partition of the property among the persons or members of the family. Here, partition means the division of property which is held by persons or family members jointly so that each person or member gets his or her share in the property and becomes the owner of the property which is provided or allotted to him or her. Under this article, we will discuss the partition of property and division by metes and bounds in West Bengal and Kolkata.
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