Partition refers to the legal division of property among co-owners. Under Hindu law, a partition can be initiated by any co-owner of a property who wishes to separate their share of the property from that of the other co-owners.
A partition can be either a partial partition, where only a specific portion of the property is divided, or a total partition, where the entire property is divided among the co-owners.
The Hindu Succession Act, 1956 provides for the right of a coparcener in a joint Hindu family to demand a partition of the family property.
A coparcener is a person who has an equal share in the family property, including sons, daughters, and their descendants. The partition can be effected through a mutual agreement between the co-owners, or through a court decree.
Process of Partition under Hindu Law
- Identification of the property: The first step in a partition is to identify the property that is to be divided. This involves determining the boundaries and nature of the property.
- Valuation of the property: Once the property is identified, it must be valued to determine its market value.
- Division of the property: The property is then divided among the co-owners according to their respective shares. The shares are determined by the number of co-owners and the value of their respective contributions to the property.
- Physical division of the property: In case of a total partition, the property is physically divided among the co-owners. In case of a partial partition, the co-owners may agree to a physical division or a monetary settlement.
Partition under Hindu law is an important legal mechanism to protect the rights of co-owners and ensure a fair distribution of property.
It provides a way for co-owners to separate their interests and enjoy their share of the property independently.
