The reunion of partition is a procedure to re-joined a status that the family members made as a partition of family property in previous. In simple words, we can say that the reunion reflects that kind of position where the family exists at once joint before the partition of the properties.
If all family members are agreed to reunite the partition, that can be possible under Hindu law, even after the completion and effect of the previous partition.
The one notable thing is that the parties who want to reunite must be interested in the family properties and agree to that.
These are the conditions that may be required for the reunion of a partition:
- Reunion is only possible after a partition has occurred.
- The Joint family estate can only be reunited if all parties involved have the intention to do so.
- For a reunion to take effect, each coparcener must give their consent, which can be oral, written, or implied.
- The reunion can only be organized by the parties who were involved in the initial division.
- Only individuals capable of entering into a valid contract can reunite as coparceners, meaning minors or those of unsound minds cannot.
- It is not necessary to have the same property at the time of partition for a reunion.
When can a partition be re-opened?
A partition is typically irreversible and irrevocable, but certain exceptional situations allow for applications for reopening.
- When a coparcener fraudulently gains an advantage in property distribution.
- If a son is conceived before or after the partition, he can claim his right to property as a coparcener.
- According to Section 12 of the Hindu Adoption and Maintenance Act of 1956, adopted sons have the right to be coparceners of property during partition.
- Sometimes, a coparcener may be deemed ineligible for their share during partition due to technical disqualifications. In such cases, they may reopen the partition once the disqualifications are lifted.
- When a coparcener who has a right to the property is absent during partition and no share is allotted in their name, they have the right to request a reopening of the partition.
- When a coparcener is a minor, and their interests are not considered during partition, they have the right to request a reopening of the partition.
- If the property is missing during partition, the partition can be reopened if the property reappears. There is no need to disturb the prior process if it can be viably distributed within coparceners.
