What is the Effect of Partition on Hindu Joint Family Properties?

When there is a partition in joint family, its joint status is disrupted and the coparcenary comes to an end. The share of every branch of coparceners is also determined.

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(a) On a general partition, the undivided family as a unit comes to an end. Where the partition is partial, the members who severed themselves from the unit, lose the joint status which they had previously enjoyed as members of that particular unit.


(b) Where partition takes place by conversion, severance is effected between the convert and the rest of the family members. Similarly where partition takes place on account of marriage by a coparcener under the Special Marriage Act, 1954, severance is effected between such coparcener and the rest of the family members.

(c) Partition automatically alters the character of the property of the family and the coparcenary; the joint tenancy known to Mitakshara coparcenary converts into tenancy-in-common.

(d) Partition docs not annul the family or other relation and docs not disturbs the right incidental to such relation, e.g., the right to inherit. Once the partition is proved there cannot be any joint nucleus and as such the question of acquisition of any property in the name of one or the other coparcener from joint family fund will not arise. Such acquisition of lands by the individual members of the family after partition must be presumed and treated as separate property unless contrary is proved.


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