Question: Write a note on notional partition— a joint Mitakshara family consists of M and his two sons N, O and son NS and a daughter ND of N. N dies. Divide the property of N. Find the answer only on Legal Bites. [Write a note on notional partition— a joint Mitakshara family consists of M and his two sons N, O and son NS and a daughter ND of N. N dies. Divide the property of N.] Answer Notional Partition Under Hindu Law, the concept of a Joint family is inherently unique and...
Question: Write a note on notional partition— a joint Mitakshara family consists of M and his two sons N, O and son NS and a daughter ND of N. N dies. Divide the property of N.
Find the answer only on Legal Bites. [Write a note on notional partition— a joint Mitakshara family consists of M and his two sons N, O and son NS and a daughter ND of N. N dies. Divide the property of N.]
Answer
Notional Partition
Under Hindu Law, the concept of a Joint family is inherently unique and legally recognized. The main two schools which govern the proponents of Hindu law are – Dayabhaga and Mitakshara School. Origin and the concept of notional partition have been derived from these schools themselves.
There was an amendment that took place in 2005 in the Hindu Succession Act before which the share of female heirs was not given in the ancestral property. Hence, there was a need felt to include the interests of female heirs as well in their ancestral property. The idea of notional partition means that when a coparcener dies intestate, then there should be a partition or distribution that takes place of his share, and his share should be equally divided among his children, including his daughters and sons.
Section 6 of the Hindu Succession Act, 1956 talks about the fact that if a person dies intestate, then his property is to be divided equally among his male sons, grandsons, and great-grandsons. However, after the amendment in 2005, the property of an intestate person will devolve into the equal shares of his children (sons and daughters).
Factual Matrix
As per the given set of facts, a joint Mitakshara family consists of M and his two sons N and O. Further, N has two children NS ( a son) and ND (a daughter). After the death of N, the concept of notional partition will take place where a partition will be deemed to happen as per the virtue of N’s death. After N’s death, the property will be divided and N’s share will equally be divided into two parts, because of the Amendment of 2005. Hence, a partition will take place of N’s share and his property will be equally divided into two halves for his son NS and daughter ND.
