PARTITION
MEANING
Two things
Actual division of property in accordance with
Severance of the share so specified known as
Status/interest partition by metes and bounds
Dayabagha law partition means only division of property by metes
and bounds.
Subject matter of partition can be discussed under following heads:
-
Subject matter of partition
Person who has right in partition and who are entitled on share on
partition
How partition is affected and mode of partition
Rule related to allotment of shares
Reopening of partition
Reunion
SUBJECT MATTER OF PARTITION
Some points we have to study under this topic
PROPERTY WHICH ARE NOT CAPABLE OF DIVISION
, We can understand this concept by some of the examples
Deduction and provisions
COPARCERN OF SEPRATE PROPERTY ARE NOT SUBJECT
MATTER OF PARTION
PROPERTY WHICH ARE NOT CAPABLE OF DIVISION
DUE TO ITS VERY NATURE, incapable of division.
Some of the examples given by vijneshwara
water/reservoir/well/common way/road/house/garden/wearing
apparels/cooked food/female
slaves/documents/pastures/staircases/right to way: indivisible
property
a d ju ste m e n t a re :-
T h re e m e th o d s o f
Property may enjoyed
jointly / by turns
Allot the property to one
coparcern & adjust its value
of share in other coparcerns
Sold the proprty and salr
proceed distribute among
coparcerners
We can understand this concept by some of the examples: -
Dwelling house: -
, - Not partitioned
- In one case Ashnula v. Kalli (1884) 10 cal 675 in this
case court explained the principle property can be
partitioned without destroying the intrinsic value of the
whole property, or of shares, such partition ought to be
made.
- Use jointly
- Dwelling house may be sold and sale proceed divide
among coparceners.
Family shrines, temples and idols: -
- Neither divided or sold
- Given to a coparcener with the liberty to other coparcener
have an access to them for the purpose of worship at all
reasonable time.
- Hold them in turn
- Each coparcener worship and take offerings by turn.
- As in the case of Pramatha v. pradyumma, 52 IA 245
Staircase, well, etc.: -
- Staircase /court yards/wells/tanks/pasture lands/roads/right
of way and the like things which is incapable of
division/valuation.
- Common use by all coparcener
- Case law related to this Dinnath v. Mansaram, AIR 1973
P & H 253 case of common courtyard and staircase.
Deduction and provisions
joint family property from provision must be made for following
liabilities of family :-
- Debts
MEANING
Two things
Actual division of property in accordance with
Severance of the share so specified known as
Status/interest partition by metes and bounds
Dayabagha law partition means only division of property by metes
and bounds.
Subject matter of partition can be discussed under following heads:
-
Subject matter of partition
Person who has right in partition and who are entitled on share on
partition
How partition is affected and mode of partition
Rule related to allotment of shares
Reopening of partition
Reunion
SUBJECT MATTER OF PARTITION
Some points we have to study under this topic
PROPERTY WHICH ARE NOT CAPABLE OF DIVISION
, We can understand this concept by some of the examples
Deduction and provisions
COPARCERN OF SEPRATE PROPERTY ARE NOT SUBJECT
MATTER OF PARTION
PROPERTY WHICH ARE NOT CAPABLE OF DIVISION
DUE TO ITS VERY NATURE, incapable of division.
Some of the examples given by vijneshwara
water/reservoir/well/common way/road/house/garden/wearing
apparels/cooked food/female
slaves/documents/pastures/staircases/right to way: indivisible
property
a d ju ste m e n t a re :-
T h re e m e th o d s o f
Property may enjoyed
jointly / by turns
Allot the property to one
coparcern & adjust its value
of share in other coparcerns
Sold the proprty and salr
proceed distribute among
coparcerners
We can understand this concept by some of the examples: -
Dwelling house: -
, - Not partitioned
- In one case Ashnula v. Kalli (1884) 10 cal 675 in this
case court explained the principle property can be
partitioned without destroying the intrinsic value of the
whole property, or of shares, such partition ought to be
made.
- Use jointly
- Dwelling house may be sold and sale proceed divide
among coparceners.
Family shrines, temples and idols: -
- Neither divided or sold
- Given to a coparcener with the liberty to other coparcener
have an access to them for the purpose of worship at all
reasonable time.
- Hold them in turn
- Each coparcener worship and take offerings by turn.
- As in the case of Pramatha v. pradyumma, 52 IA 245
Staircase, well, etc.: -
- Staircase /court yards/wells/tanks/pasture lands/roads/right
of way and the like things which is incapable of
division/valuation.
- Common use by all coparcener
- Case law related to this Dinnath v. Mansaram, AIR 1973
P & H 253 case of common courtyard and staircase.
Deduction and provisions
joint family property from provision must be made for following
liabilities of family :-
- Debts
