By Y.Srinivasa Rao, M.A (English Lit.)., B.Ed., LL.M., Research Scholar in Law of Torts., Principal Senior Civil Judge.
Table of Contents:-
- Meaning of ‘Partition
2. Relevant Case- Law:
1. Meaning of ‘Partition‘:- 1). Partition really means that whereas initially all the coparceners have subsisting title to the totality or the property of the family jointly, that joint title is by partition transformed into separate title of the individual coparceners in respect of several items of properties allotted to them respectively, Sunil Kumar Bose v. Jagabandhu Dhang, (2003) 3 ICC 870 (Cal).
2). Partition is nothing but a severance of joint status, Vishwasrao Madhavrao Chiplunkar v. Kamlabai Vishwasrao Chiplunkar, (2004) 2 Mah LJ 25.
3). The act of dividing.
4). “Partition” is a redistribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them into different lots or portions and delivery thereof to the respective allottees. The effect of such division is that the joint ownership is terminated and the respective shares vest in them in severalty. A partition of a property can be only among those having a share or interest in it. A person who does not have a share in such property cannot obviously be a party to a partition. “Separation of share” is a species of “partition”. When all co-owners get separated, it is a partition. Separation of share(s) refers to a division where only one or only a few among several co-owners/coparceners get separated and others continue to be joint or continue to hold the remaining property jointly without division by metes and bounds, Shub Karan Bubna v. Sita Saran Bubna, (2009) 9 SCC 689. .
5). The word ‘Partition’ means —
(i) where the property admits of a physical division, a physical division of the property, but a physical division of the income without a physical division of the property producing the income shall not be deemed to be a partition or
(ii) where the property does not admit of a physical division, then such division as the property admits of, but a mere severance of status shall not be deemed to be a partition, See. Section 171, Explanation, Income Tax Act, 1961.
Relevant Case- Law:
- Expression “ownership” – Meaning:- Ownership means a bundle of rights which would normally include the right to exclude and transfer the property in a manner he wants, subject to contractual obligations as agreed or statutory restrictions imposed on the owner. See. Shrawan Kumar Jaipuriyar v. Krishna Nand …, (2020) 16 SCC 594.
- Partition : Nature and effect of partition. Partition of an undivided Hindu family. See. V.N. Sarin v. Ajit Kumar Poplai, (1966) 1 SCR 349.
- Partition is not “disposition” under S. 24(1) of Estate Duty Act, 1953. See. CED v. Kancharla Kesava Rao, (1973) 2 SCC 384.
- Partition of self-acquired property of one of members of family. See. A.X. Augustine v. A.X. Joseph, (2006) 9 SCC 175
- Partition – Mitakshara School – Essential attributes of a Joint Hindu Family. See. Krishnabai Bhritar Ganpatrao Deshmukh v. …, (1979) 4 SCC 60