Family law - Partition

1. WHAT IS
PARTITION
ACCORDIN
G TO HINDU
LAW.
Kashyap Thakkar | Danish Kanungo | Dhvani Gajjar | Raj
Amreliya
SEM VI | Family Law - II

2. PARTITION
➤ Partition, is an act by which a coparcener
severs his relations with joint family and
loses his status of coparcener and
becomes an independent individual from
the joint family.
➤ An important consequence of such partition
is that the share of coparcener seeking
partition which is till partition uncertain,
fluctuating and unpredictable, becomes
specific and definite, as a result of partition,
and thus allotted to the respective
members.

3. PARTITION
➤ The adjustment into specific shares the
diverse rights of the different members
according to the whole family property;

4. PARTITION
➤ Under the Dayabhaga law, it means division
of property in accordance with the specific
share of the coparcener.
➤ It means, splitting up joint possession i.e.
parting or dividing the share among
coparcener according to metes and bound.
Division of property in accordance with the
specific share of the coparceners. Under the
Dayabhaga the essence of coparcenary is
unity of possession, while in Mitakshara it is
unity of ownership

5. PARTITION
➤ Persons not entitled to enforce partition under the
Dayabhaga Law are:
1.Sons, Grandsons and great grandsons have
no birth interest in ancestor property against their
father, so there is no right for partition.
2.It consider the illegitimate son of shudra becomes
a coparcener with legitimate sons when they inherit
the property after the death of the father.
3.Father’s wife-no such right
4.Childless step mother no entitle to a share after
partition

6. PROPERTY LIABLE FOR PARTITION
➤ It is only the coparcenary property which is subject
to the partition. The separate property is not liable
to partition at all, as it belongs absolutely to the
owner thereof.
➤ Similarly, the following properties are not liable to
partition:
1. Impartible estate i.e., property which descends to
one member only, either by custom or under any
provision of law or by terms of grant.
2. Property indivisible by nature, e.g., ponds,
staircase, passage
3. Family idols and relies which are object of
warship

7. PROPERTY LIABLE FOR PARTITION
4. Separate property of a member
5. The places of worship and sacrifice or the
property which has been dedicated to religious
and charitable purposes.
6. The well and the rights to draw water from the
well
7. The ornaments and the dress materials given to
the wives of the coparceners
8. The headship of a Math

8. DEDUCTIONS AND PROVISIONS
•Some provisions must be made out of the property
liable to partition before any partition is affected.
1. Debts incurred for joint family.
2. Personal debts of the father not incurred for illegal
or immoral purposes.
3. Maintenance of dependent female members and
disqualified heirs.
4. Marriage expenses of unmarried daughters of the
last male holder but not of the collaterals.
5. Expenses for the funeral ceremony of the widow
and the mother of the last male holder.

9. MODES OF PARTITION
1. Severance of Joint Status or interest-expression of
intention- one member of joint family can express his
intention to partition
2. by Notice
3. by Will
4. Conversion to another Religion.
5. Marriage under special marriage act.
6. by agreement
7. by arbitration
8. by father
9. by suit

10. THE
POWERS
AND
DUTIES OF
KARTA
Kashyap Thakkar | Danish Kanungo | Dhvani Gajjar | Raj
Amreliya
SEM VI | Family Law - II

11. KARTA
➤ The joint Hindu family is a patriarchal
organization and the head of the family is known
as Karta. He is the senior most male member of
the family and as a head or manager of the
family, he is the representative of the family and
acts for or on behalf of the family.
➤ A Karta is a person in whom, others in the family
repose confidence, so between the Karta and
the family members there is a fiduciary relation
because there is always a need for a manager to
look after the welfare of minor members and
females in a joint Hindu family.

12. POWERS
➤ Power over income and expenditure
➤ Power to manage joint family business
➤ Power to contract debt for family purposes
➤ Power to enter into contracts
➤ Power to refer to arbitration any matter involving
the interest of joint Hindu family and the other
members of the family including minors
➤ Power to enter into compromise in any matter
relating to joint Hindu family property

13. POWERS
➤ Power to give discharge to the debt due to
joint family
➤ Power to acknowledge debts or make a part
payment of it, so as to extend the period of
limitation.
➤ Power to represent in suits
➤ Power of alienation of joint Hindu family
property

14. DUTIES AND LIABILITIES
➤ He has the duty to render accounts to the
other coparceners regarding the income
from joint family property and expenditure
thereon
➤ He has the duty to realize the debt due to
the family
➤ He has the duty to spend the joint family
funds only for the purposes of the family
and should spend reasonably

15. DUTIES AND LIABILITIES
➤ It is the duty of the Karta not to start a new
business without the consent of other
coparceners.
➤ It is the duty of Karta not to alienate the
coparcenary property without legal
necessity or benefit to the estate.

16. THE PIOUS
OBLIGATION
OF HINDU
SON TO PAY
DEBT OF HIS
FATHER.
Kashyap Thakkar | Danish Kanungo | Dhvani Gajjar | Raj
Amreliya
SEM VI | Family Law - II

17. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ Under the Hindu Law, a son is under a
pious obligation to discharge his father's
debts out of his ancestral property even if
he had not been benefited by the debts,
provided the debts are not avyavaharika
(impractical).
➤ The sons get exonerated from their
obligation to discharge the debt of their
father from the family assets only if the
debt was one tainted with immorality or
illegality.

18. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ The ancient doctrine of pious obligation
was governed by Smriti law. There is a
pious obligation on the sons and
grandsons to pay the debts contracted by
the father and grandfather. The concept of
pious obligation has its origin in
Dharmashastras, according to which non-
payment of debt is a sin which results in
unbearable sufferings in the next world.

19. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ Hence the debts must be paid off in all
circumstances provided it was not for
immoral and illegal purposes. Vrihaspati
has said, “If the father is no longer alive
the debt must be paid by his sons. The
father’s debt must be paid first of all, and
after that a man’s own debts, but a debt
contracted by the paternal grandfather
must always be paid before these two
events.

20. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ Yajyavalkya says, “A son has not to pay in
this world father’s debt incurred for
spirituous liquor, for gratification of lust or
gambling, nor a fine, nor what remains
unpaid of a toll; nor idle gifts.” But in case
of debts for purposes other than the
above, on the death of the father, or on his
going abroad, or suffering from some
incurable disease, the debt contracted by
him would be payable by his sons and
grandsons.

21. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ The Mitakshara has presented the entire
proposition in stronger words. According
to it when the father has gone abroad or is
suffering from some incurable disease, the
liability to pay the debt contracted by him
would lie on the sons and grandsons
irrespective of the fact that the father had
no property.

22. PIOUS OBLIGATION OF HINDU SON TO
PAY DEBT OF HIS FATHER
➤ The Hindu Undivided Family system is a
unique feature of the Indian society and the
concept of pious obligation acts as a thread
which binds the family together and prevents
it from disintegration. Pious obligation
includes both spiritual as well as material
aspects and makes the heir(s)
responsible/liable for spiritual duties, like
performing the last rites of the deceased,
paying back debts accrued by the deceased
and also fulfilling other responsibilities left
incomplete in respect of the joint family.