Partition How Executed Under Hindu Law


The partition means bringing the joint status to an end. It means severance of status or interest and actual division of property in accordance with the shares so specified.

Modes of Partition

A partition can be made by a definite, unambiguous declaration of intention by any member to separate himself from the family. If this is done, it would amount to division of status, whatever mode may be used.

Partition by suit

When a coparcener files a suit for partition, it amounts to an unequivocal intimation of the intention to sever, and consequently, severance of status takes place from the date the suit is instituted.

Read – Conditional Contracts And Its Allied Issues

The decisions taking the view that the partition is effected by a decree of the court are wrong.

Partition by agreement

A partition can be effected between the parties by an agreement. Under Hindu law, an agreement to partition need not be in writing. If it is in it should clearly indicate the parties intention to partition.

The severance of status takes places from the date of signing the agreement. A written agreement need not be registered if it merely records what had happened. But if properties are divided by agreement, registration is necessary.

Oral partition

There is a long line of cases holding the view that oral partition can be validly made.

Unilateral declaration

The severance of status can also be brought about by the unilateral exercise of power to partition. In other words, this means that the consent of the other coparceners is not necessary. But this does not mean that intention need not be communicated. The communication of intention is necessary whatever the mode of partition one may use

Partition by arbitration

A partition may be effected by arbitration. If members of a joint family enter into an agreement under which they appoint arbitrators for dividing the joint property among themselves, the severance of status takes place from the date of the agreement.

Partition by conduct

The severance of status may also take place by conduct. The conduct, like declaration of intention must be unequivocal, explicit and definite. There are numerous circumstances from which such an inference can be drawn.

For instance, separation in food, worship, dwelling, separate enjoyment of the property, separate income and expenditure, separate business transactions are the instances of conduct from which inference of severance may be drawn.

Automatic severance of status

Conversion of coparcener to a non- Hindu religion operates as an automatic severance of status of that member from others but it does not amount to severance of status among the other members inter se.

Registration of partition

Under Hindu law no registration of partition is necessary. It may be an oral partition. An unregistered memorandum of partition is inadmissible in evidence but it can be used for collateral purposes, such as to prove intention to partition.

Parties to partition

In a suit for partition, the heads of the branches are essential parties. All members of the branch need not be made parties to the suit.


All the above mentioned are the modes of Partition by which a joint status may be brought to an end.

Read – Effect Of Valid Adoption Under Hindu Law


Content Writer, Law Corner, B.A.LL.B(Hons), 5th Semester, Unity Law and PG college

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