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NC: 2024:KHC-K:3820-DB of the family, avoidance family dispute and litigation and also for saving the honour of the family. Such an arrangement is based on the assumption that there was an antecedent title in the parties and the agreement acknowledges and defines what the title is. It is for this reason a family arrangement by which each party takes a share in the property has been held as not amounting to a 'conveyance of the property' from a person who has a title to it to a person who has no title. The word 'Vibhaga' in Sanskrit, 'Bhaga' in Kannada is usually rendered into English by the words 'partition'. It denotes adjustment of diverse rights regarding the whole by distributing them in particular portion of the aggregate. It is a process by which the joint enjoyment of a property is transformed into an enjoyment in severality. It may be by agreement between the parties or by a decree of the Court, however, in either of the cases, the parties to the partition possess an antecedent title in the property and through the process of partition, the antecedent title is specifically defined. Before partition, the property was enjoyed jointly and after partition, they would enjoy the property in

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NC: 2024:KHC-K:3820-DB severality. Therefore, in a partition, no party gets title for the first time. In other words, partition does not give title or creative title. If the party to the partition has an antecedent title to the property, it only enables him to obtain what is his own in a definite and specific form. Section 5 of the Transfer of Property Act contemplates transfer of property by person whose title in the said property, to another person who has not title. In a partition, no one transfers title which he possesses in favour of a person who does not possess a title. Everyone has an antecedent title. Therefore, no conveyance is involved, in the process of conferment of a new title is not necessary. It does not amount to transfer. Therefore, partition is not a transfer and by partition, nobody acquires title to any property for the first time.