According to Manu, "Once only a partition made". If the partition is once made, it is final and irrevocable and hence, it cannot be re-opened. To this principle, there are the following exceptions. A partition can be re-opened on the grounds of Mistake, Fraud, Son in Womb, Adoption, Disqualified coparceners, Son conceived and born after partition, Absentee coparcener; and Minor coparcener.
1. Fraud -
In case the partition is found fraudulent, it can be set-aside and the person injured can claim to reopen of the partition. For instance, Worthless assets are fraudulent misrepresented is valuable assets and are distributed to a coparcener, he has a right to claim the reopening of partition.
2) Son in womb -
At the time of partition, if a son is in the womb, and not share is reserved for him, he can get the partition reopened.
3) Adopted son -
In case if a window of a coparcener adopted a son after the partition, the adopted son is entitled to re-open the partition.
4) Disqualified coparcener -
A disqualified coparcener is one, who is deprived of his share at the time of partition due to some disqualification/technical constraint. After the disqualification is removed, he can get the partition removed.
5) Son conceived and born after partition -
Where a father does not take share on the partition and a son is begotten and born to him, the son can reopen the partition.
6) Absentee coparcener -
Where a coparcener is absent at the time of partition and no share is allotted to him, he can get the partition reopened.
7) Minor coparcener -
When at the time of partition a coparcener is a minor if his interests are not properly safeguarded he may reopen the partition.
Even when there is no fraud, misrepresentation or undue influence, a partition can be reopened at the instance of a minor coparcener. if the partition was unequal, unfair or prejudicial to the interest of the minor.
8) Mistake -
If by mistake some of the joint family properties had been left out of partition they may be subjected to partition later on.
1. Fraud -
In case the partition is found fraudulent, it can be set-aside and the person injured can claim to reopen of the partition. For instance, Worthless assets are fraudulent misrepresented is valuable assets and are distributed to a coparcener, he has a right to claim the reopening of partition.
2) Son in womb -
At the time of partition, if a son is in the womb, and not share is reserved for him, he can get the partition reopened.
3) Adopted son -
In case if a window of a coparcener adopted a son after the partition, the adopted son is entitled to re-open the partition.
4) Disqualified coparcener -
A disqualified coparcener is one, who is deprived of his share at the time of partition due to some disqualification/technical constraint. After the disqualification is removed, he can get the partition removed.
5) Son conceived and born after partition -
Where a father does not take share on the partition and a son is begotten and born to him, the son can reopen the partition.
6) Absentee coparcener -
Where a coparcener is absent at the time of partition and no share is allotted to him, he can get the partition reopened.
7) Minor coparcener -
When at the time of partition a coparcener is a minor if his interests are not properly safeguarded he may reopen the partition.
Even when there is no fraud, misrepresentation or undue influence, a partition can be reopened at the instance of a minor coparcener. if the partition was unequal, unfair or prejudicial to the interest of the minor.
8) Mistake -
If by mistake some of the joint family properties had been left out of partition they may be subjected to partition later on.
Great help
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