What Is Partial Partition, Reunion And Modes Of Partition


A general partition is a partition in which all the family members get separated from each other and divided their share of their joint family property. They will get separated of their partitioned share of their property of their family.

But in a partial partition, it is done by mutual or private agreement between the parties is called a partial partition. Sometimes parties came into an agreement and make a partition that partition is known as partial partition. For example- when any family has 2 different properties at 2 different places and they make a partition of one of them and left the other one as joint family property then such partition is called a partial partition.

There are many times circumstances occurred in which a general partition will not be possible so we need to do a partial partition like the property which is given for lease or mortgage that cannot be applied for partition then that property will be left without partition and the rest will be used for the partition that is called a partial partition.

Two type of partial partition-

1. Partial as to property

When any joint family has 2 different properties at 2 different places and make the partition 01 of them and left the other one as joint family property then that is called as partial as to property.

2. Partial as to the person separating

When in a joint family where more than to coparcener and anyone of them want to partition and other coparcener did not want it then that will be called a partial partition as to the person separating.


Reunion is a process in a partition in which year 2 or more coparceners who decided to reunite or come together after getting separated from a partition, who constituted for become like a join family again. Any coparcener sends reunite again with other coparceners like father, brother or paternal uncle through love or affection in terms of reunion. Any person can only be reunited With those people only in a partition who were the parties in a partition. A new person cannot be Reunite in a partition.

Is there are 2 conditions for all valid reunion under mitakshara law:-

  1. The parties to the reunion must be the parties of partition. no new member cannot be a part of the reunion of partition.
  2. Any person who gets separated from partition can only be reunited with his father, brother and paternal uncle, not with any other relative.

How to effect a reunion?

  1. There must be an intention or interest for the party to reunite, to constitute a reunion of property. In a concept of reunion, it is given that there must be an agreement between the parties that they want to be reunited in estate with an intention to revert to their previous status.
  2. If any partition in registered then also there can be reunion by an oral agreement.
  3. A minor cannot come into reunion because he was not a party to the partition contract and contract or agreement of reunion, and a minor cannot enter into a contract.
  4. Mere living or carrying business together does not mean that there is a reunion it is not in evidence of reunion.

Effects of reunion

  1. There will be no difference between coparcenary by birth and coparcenary by the reunion.
  2. If Any reuniting members having a separate property then some special rules will be applicable to get self-acquired property. But the rules which are applicable to the coparcenary property those rules will remain the same as in coparcenary by birth and coparcenary by the union.
  3. The effect of reunion that the family will revert back to their former status of Hindu joint family.


it is not necessary at all That partition shall be effected by registered document all written documents even orally a partition took place. If all the family members may enter into a compromise and by way of such compromise the partition also be affected. These are the following ways by which a partition of Hindu joint family affected or these are the modes of partition in a Hindu joint family:-

1. By declaration

By declaration, a partition may be affected. By this means a plain indication by any coparcener in a joint family is sufficient for partition. Each coparcener is having a right that he can declare his intention of partition. He can declare it in writing or oral manner that he want to partition.

2. By father

Father is competent to make partition during his life and the partition made by him is bound to his sons I want to his minor son. He is always in power to the effect of partition. But if that particular partition affects the interest of the minor son then the minor son can challenge that partition after he became Major. He can apply for the reopening of the partition.

3. By agreement

The partition of the Hindu undivided family may be affected by an agreement between the coparceners. The agreement may be written or oral. One or all the coparcener may enter into an agreement and by way of such agreement, the partition occurred/ effected. As soon as the coparceners signed that document of agreement, the partition came into effect from the date of singing that document.

4. By arbitration

All coparcener may appoint an arbitrator for the purpose of dividing joint family property. All of them make an agreement to appoint any third arbitrator for their division of joint family property. That arbitrator defines a share of all the coparcener by dividing the joint family property. And whatever the decision of him is bind to all the coparcener.

5. By notice

By notice, the intension of getting separate is expressed by giving notice to other coparceners by one coparcener. One coparcener can send a notice to other coparcener or to the karta of joint family by declaring his intention daddy won’t his separate shares. In such a case the status of joint family can take from the date when the communication is sent and not received.

6. By will

Partition may be affected by a will. One coparcener may declare his intention by will that he Want his separate share.

7. By conversion

When one person of a joint family gets converted into another religion he will get Separated with his Separate share.so the partition will be affected from the date of that person converted into another religion.

8. By marriage under special marriage act,1954

Section19 of the special marriage act,1954 provides for the effect of marriage under the act. According to this particular provision if any Hindu solemnize marriage as per the provisions of section19 of the special marriage act,1954 then from the date of solemnization of marriage he will be separated from his joint family property.

9. By suit

Every coparcener is having a right to claim partition and they can claim a partition by the institution of a civil suit before the court of law. From the date of the institution of the suit, he will be separated from the status of a joint family. The partition will be affected.

This Article is Authored by Shipra Jain, 2nd Year BA.LL.B Student at JEMTEC, School of Law(JIMS) Jaganath Institute of Management and Science, Greater Noida.

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