Who is entitled to claim partition of property under the Hindu Law?

Question: Who is entitled to claim partition of property under the Hindu Law?

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Answer

Every coparcener can claim the right to partition under the provisions of Hindu Law. The right to partition is restricted to three degrees that consist of a father, grandfather, and a great grandfather. A coparcenary consists of any member who is a direct lineal descendant of the common ancestors up to three degrees.

1. Father

If a coparcenary includes a father and his sons, then the father is competent to bring about a partition. This power falls under the ambit of ‘Patria Potestas’ under Hindu Law. The father does not require the consent of his sons to bring about the partition and the decision is binding on the sons. Moreover, the father does not only have the power to divide the property but also divide the corpus by meets and bounds. The only underlying condition to it is that he should not display any unequal or biased behaviour.

2. Son, Grandson, and Great-grandson

According to the principles of Hindu law, the son, the grandson, and the great-grandson have the right to initiate a partition.

3. Born After Partition

If there was a child in the mother’s womb at the time of the partition, then that child is also treated equally and is entitled to a share in the property. Irrespective of their gender, he/she has to be treated as living person. In a case where the division of shares has taken place in an unequal manner, then he will have every right to reopen the partition after his birth.

4. Adopted Son

If a child is adopted validly, then he becomes a member of the family with an equal share and is to be treated equally to a natural-born child of the family. Moreover, after the enactment of the Hindu Adoption and Maintenance Act, 1956, no differentiation is made between a natural child and an adopted one.

5. Alienee

An alienee is a person who buys the interest of a coparcener through a court sale or private sale. Once the interest of a coparcener is dissolved and the alienee takes over that interest, then such person can demand shares as he becomes part of the coparcenary.

6. Female Shareholders

This category contains three types of females namely (a) the wife, (b) the widowed mother, and (c) the great grandmother. Before the Amendment Act of 2005, they did not have the power to demand a partition. They did have a share in the partitioned property. However, after the amendment, daughters also have been given the same rights as sons.

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