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.

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