REOPENING OF PARTITION IN HINDU JOINT FAMILY

According to shastra, Manu says that once a partition is made, it will be irrevocable and final. So, once the partition is affected it cannot be re-open. It is done so that the Coparcener will hold exclusive right to enjoy his separate property, and since there's a severance of community interest they may enter into transactions related to their shares. To this principle, there are some exceptions. One can reopen the partition on the grounds of mistake, minor coparcener, absentee coparcener, son in the womb, son conceived and born after partition, Disqualified coparcener, Adopted son, and fraud.

1. When there is a readjustment of assets or there is a genuine mistake-

If there is any genuine mistake and some property that belongs to the joint family had been left out then under those circumstances partition can again take place. F during this division off property coparcener suffers a loss then he may claim reimbursement for the loss suffered.

2. Minor coparcener-

A minor coparcener can ask for the reopening of the partition once he attains majority. Minus right has been protected in case his share is not allotted to him due to unfairness orange justice. He can demand an injunction and stop the partition because of the same. A minor's Guardian or close friend can also demand to reopen the partition on their behalf. Though there is no undue influence or misrepresentation or fraud, the partition can be reopened if there was prejudicial, unfair, or unequal treatment.

3. Absentee coparcener-

If a coparcener is absent during the time of partition and he has not been allotted any share, then he can ask for the reopening of the partition.

4. Son in the womb –

During the time of partition, if there is a son in the room and no share was reserved for him then the partition can be reopened. So, if a son was conceived during partition.

5. Son conceived and born after partition –

If the father has not taken a share for himself then after the son is born, he has the right to re-open the partition. However, if the father has taken his share, then the sun who is born after partition will become a coparcener with his father.

6. Disqualified coparcener-

If a coparcener is deprived of his share during partition due to some technical constraint, he can re-open and ask for a share in the partition after the grounds for disqualification has been removed. So, if a person is suffering from any mental illness or any defect which disqualifies him from inheriting a share of partition, like deafness, insanity, leprosy, dumbness, or any other congenital and incurable disease, recovers then he has the right to reopen the partition.

7. Adopted son-

As per section 12[i], an adopted son and a natural son have the same rights concerning partition. If a widow adopts a son who is late husband was a coparcener, then the adopted son will be entitled to reopen the partition.

8. Fraud –

If a coparcener has used unfair means during the partition of property and has obtained unfair advantage by committing fraud upon other coparceners, or has performed fraudulent distribution of properties, then a partition may be reopened.

Due to reopening of partition, the rights of coparceners and the members of Hindu joint family is protected. This is done so the injustices and issue of distribution of property are resolved, and no one can take unjust and unfair advantage of any other family member.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.