Write a short note on Reunion under the Hindu Law.
Question: Write a short note on Reunion under the Hindu Law. Find the answer only on Legal Bites. [Write a short note on Reunion under the Hindu Law.] Answer Reunion can be defined as the process through which divided families are united after partition. As per Hindu law, it means the restoration of the status of the joint… Read More »
Question: Write a short note on Reunion under the Hindu Law. Find the answer only on Legal Bites. [Write a short note on Reunion under the Hindu Law.] Answer Reunion can be defined as the process through which divided families are united after partition. As per Hindu law, it means the restoration of the status of the joint family before position. Even if a joint Hindu family has had a partition, it is still possible for the family to reunite. As per the Dayabhaga and Mitakshara schools,...
Question: Write a short note on Reunion under the Hindu Law.
Find the answer only on Legal Bites. [Write a short note on Reunion under the Hindu Law.]
Answer
Reunion can be defined as the process through which divided families are united after partition. As per Hindu law, it means the restoration of the status of the joint family before position. Even if a joint Hindu family has had a partition, it is still possible for the family to reunite. As per the Dayabhaga and Mitakshara schools, a reunion can only take place if the father, brother, or paternal uncle is involved in it.
Who can Reunite?
An individual who was earlier a coparcener at the time of the position can apply for reunification. The law that deals with the same are the Hindu Succession Act, 1956. There are certain conditions that are to be met for parties to reunite:
- The most important factor for a reunion to happen is important that there was a partition. Without a partition, a reunion cannot take place.
- Another factor that plays an important role is the intention of the parties to reunite. Reunion cannot take place if the parties do not intend to reunite. Such intention should be unequivocal and communicated clearly. In a case where a coparcener is just inhabiting without the intention to reunite, then that person will not be a part of that position.
- The reunion can only come into the place of the person who has been partitioned either by his father, brother, or paternal uncle and not with anyone else in the family. This practice is prevalent in the Mitakshara School. However, in the Mithila School, anyone who took part in the original position can apply for reunification.
- The reunion that takes place should be unilateral in nature. It means that the consent of every coparcener should be present at the time of the reunion.
- The term reunion does not just mean living under the same roof. So, for a reunion to be valid, it is necessary that there is a property involved.
- The reunion can only be initiated by parties who were originally a part of the partition. Moreover, a reunion cannot be initiated by a minor as he is not competent enough to form a contract.
Effect of Reunion
The first and the most major effect of a reunion is bringing back the status of the divided members to their original status as coparceners of a Joint Hindu Family. Another effect of reunion deals with the property, which after the partition was in separate hands, now falls back again into the property of a single joint Hindu family property.
In the case of Bhagwan Dayal v. Reoti Devi 1962 AIR 287, the apex court was of the view-
if there is a separation of a Joint Hindu Family, then the family or any of its members can agree to reunite as Joint Hindu Family, although the reunification can only take place for general reasons which would apply in most general cases under the Mitakshara School of Hindu Law.