Reopening of Partition
According to the Hindu Joint Family,Once the Partition is made,it can be irrevocable or re-opened.
A text of Manu, once the partition of inheritence made:Once is a damsel given in the marriage and once does a man say,"I give",these three are done for once and irrevocable.
But,in some cases the partition can be re-opened :
They are:-
1. Fraud:
If the Partition is found any fradulent,it can be re-opened.For instance,worthless assests are fradulently misrepresented as valuable assests and are distributed to a coparcener,he has right to claim the re-opening of partition.
2. Son in Womb:
At the time of partition,if a son is in Womb,and no share is alloted for him,it can be reopened.
3. Adopted Son:
If a widow of a coparcener adopted a son after the partition was take place.The adopted son has a right to re-opened the partition.
4. Disqualified Coparcener :
A disqualified coparcener is deprived of his share at the time of partition due to some technical constraint.After the disqualification is removed,he can get the partition removed.
5. Son conceived and born after partition:
When Son conceived and born after partition,if there is no share for the son.the partition became re-opened.
6. Absentee Coparcener :
At the time of partition is taken,where a coparcener is absent and there is no share is alloted to him,he can get the partition re-opened.
7. Minor Coparcener:
A minor coparcener can claim the re-opening of the partition,if he can establish that the partition.During his minority was unjust,unfair and prejudicial.
So,according to these cases a partition can be re-opened in the Hindu Joint Family.
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