REOPENING OF PARTITION
Write a short note on Reopening of partition.
According to Mitakshara law school, once the partition is made it is irrevocable. In partition, all the members get their shares and after this they ceases to be member of joint Hindu family and no member can challenge the partition.
This is a general rule but in some exceptional cases it can be challenged and person can claim to reopen it. A partition can be reopened under the following circumstances:-
• Fraud:- In the partition, if any coparcener commits a fraud then even after the partition another coparcener has the right to challenge that partition and claim to reopen it.
• Son in womb:- If a child is in the womb of his mother, it is necessary for other coparceners to wait till the birth of child but if they do not wait and divide the share, so father must reserve a share for the unborn child. If a father does not reserve a share than that child can claim to reopen the partition after taking the birth.
• Minor Coparcener:- When a partition is affected during the minority of a coparcener, he can get the partition reopened if he can show that partition was unfair or unjust.
• Absentee coparcener:- If at the time of partition any coparcenary is absent and no share is allotted to him, he can get the partition reopened.
So, in such situations, any coparcener has right to claim the reopening of partition.