Partition means Division,it is a process by which the joint status is put to an end.In other Words,it means division of Joint Family.It refers to both the Status and Property.
The Partition was only the Coparcener Property not a Separate Property,properties like Dwelling House,Idols,Temples etc...,these are not subject to partition.
Right to ask Partition:
Every Coparcener in the Joint Family has a right to ask for Partition.The Female members in the Joint Family has no right to ask for Partition.But,when the Partition was take place,certain female members like Father's wife,Mother and Grand-Mother they are get shares in it.
Claim Partition:
The following persons are entitled to Claim Partition.
1. Father :
He has Full right to ask for Partition in the Joint Family.
2. Son,Grand-Son and Great Grand SOn :
These person has a right to ask partition,but only in the Mitakshara.They do not such right in Dayabhaga.
3. Minor Coparcener :
Minority is no bar to Claim Partition.Even a child in mother's womb has a shares in the joint family property.If the partition takes place without alloting to him,he is entitled to re-opening it.So he has right to Claim for Partition.
4. Adopted Son :
Adopted Son also has a right to claim for Partition.He gets all right like a Natural Son.If a widow adopted a son after the partition,he can re-open the partition.
5. Illegitimate Son :
he has no right to Claim partition but is entitled for maintenance.On the death of his father,he survives as a coparcener along with the legitimate son.Then,he can claim partition.
6. Wife :
A wife cannot claim Partition.She cannot ask for partition her Husband and Sons,she is entitled to share equally to that of her son.
7. Widow Mother :
She cannot ask for partition.When the partition take place between her sons,she gets equal shares.If she received any Stridhana fron her Husband or father-in-Law,it is to be deducted from her Share.
8. Grand Mother :
She cannot ask for partition.When the partition take place between her Son's sons.she gets equal shares.
Allotment of Shares:
1. If a Partition take place between Father and their Sons,they share equally.
Eg:- Father(F) and his two sons S1 and S2 each gets equal share.Then the Share is : F=1/3,S1=1/3 and S2=1/3.
2. When Partition among Brothers,the share must be equal.Allotment os shares among the father and sons or among brothers is known as "Percapita".It means one share to each Coparcener.
Per. Stripe Rule :
If Partition is made among branches,the property is divided equally among the branches.
Partition how Effected :
Partition may be take place or may be effected in the following ways :
1. By Filling a Suit.
2. By an Agreement between the Coparcener and
3. By Arbitration.
Effects :
By Partition,Coparcenary is disolved.Member's share become Separate property.On his death, his property devolves upon his heirs.
So the partition of Joint Family Property is taken place like this.
I think this article is useful to help the partition in the joint family Property ,when the partition was arises.