DOCTRINE OF RELATION BACK

Write a short note on Doctrine of Relation Back.

According to Mitakshara law school, only coparceners have right to claim the partition and they can claim partition at any time during their lifetime. If a coparcener wants to claim partition then firstly he has to form an intention and after this he has to declare that intention.

In the leading case of Girija Bai vs Sadashiv Dhundiraj (AIR 1916 PC 104), The Hon’ble court held that, “ declaration can be verbal or in writing through an informed letter or a formal notice.”

If the declaration of intention is made before the other coparceners then at that point of time partition is occurred but the problem arises in a case where communication is made through letter. When a coparcener puts the letter into transmission on one day but the letter reaches to the other coparceners on some another day, in such a case the doctrine of relation back is applicable and according to this doctrine it is considered that partition is effected from the date on which letter is put into transmission.

In the leading case of Raghavamma vs Chenchamma (AIR 1964 SC 136), The Supreme Court held that, “the partition is effected from the date on which communication is put into transmission and not from the date on which it reaches other coparceners.”