Write a short note on Notional Partition

Notional Partition is a fictional doctrine in which, when a person dies leaving behind an interest in joint family property then his share is devolved upon his or her heirs by succession.

After the Amendment of 2005, the rule of survivorship has been abolished completely. If a coparcener who has died after 2005, his share in joint family property is calculated by the deemed or fictional partition. This deemed or fictional partition is necessary because the coparcener has died before partition in his family and at that time his share was not fixed. So, to devolve his share by succession, it is necessary to determine his share and it can be done by notional partition.

So, basically in notional partition, the family is not actually divided rather it is presumed that just before the death, the coparcener has claimed the partition and shares of all the coparceners are determined in the same way as they are determined in actual partition .

The basic difference between both the partitions i.e. Actual partition and deemed partition is that in actual partition, all the coparceners are alive and during their life time they claim the partition whereas in notional partition, the shares are determined after the death of coparcener but it is presumed that he has claimed the partition just before his death.

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