effective as a partition. Partition is a word of
technical import in Hindu law. Partition in one sense is a
severance of joint status ... kartas of the four HUFs, namely,
C.B.Agarwala HUF, Satish Chandra HUF, Vinod Chandra
Agarwala HUF and Ashok Chandra HUF, terminating the
tenancy
true that under the Sastric Hindu Law, the share given to a Hindu widow on partition between her sons or her grandsons was in lieu ... Estate' in the Hindu Law has been abrogated under the Hindu Succession Act, 1956 , which has given to Hindu females full rights of inheritance
delayed. The decision on the question as to whether a partition under Hindu Law is a transfer within the meaning of section ... disruption of that status resulting in the partition of the properties. A partition under the Hindu Law thus consists in numerical division of the property
traditional law of
Joint Hindu Families or Hindu Undivided Families (HUF) is concerned. As per the
Mitakshara School of Law of Joint Hindu Families, when ... partition‟ under
the Mitakshara School of Law. Under the Dayabhaga Law partition meant partition by
metes and bounds inasmuch as under the Dayabhaga Law
wherein
it has been held, "....The presumption of Hindu law is that every Hindu
family is joint in food, worship and estate, and that ... Mulla in his Treatise Hindu Law states as under:-
"Para 231- Mulla's Hindu Law - 21st Edition
1) Presumption that a joint family
right to maintenance. It might be noticed that
under the Hindu law the liability to maintain others
arises in a twofold manner: (a) from ... husband cannot
be ascertained unless there is a partition under
Hindu Law. The essence of a coparcenary is unity
of ownership in the whole body
judgment of the learned Single
Judge. While traditional Hindu law did not require such a deemed
partition, and the coparcenary property would remain, as Mayne ... from the commencement of the Hindu
Succession (Amendment) Act, 2005 , in a Joint Hindu
family governed by the Mitakshara law, the daughter of a
coparcener
bounds; partition may also mean
what ordinarily is understood by partition amongst co-sharers
who may not be members of a Hindu coparcenary.
(iii) Girijanandini ... reiterating (i)
partition is a word of technical import in Hindu law; (ii)
partition in one sense is a severance of joint status and
coparcener
partition of an HUF, the wife of a coparcener is
not entitled to a share in defendant no.6/HUF. By separation, a smaller HUF ... children
of the Hindu Undivided Family to claim maintenance from karta of HUF is
concerned, therefore, the old Hindu law in respect of such
proof
partition is not sufficient to disrupt the status Hindu Undivided
Family for the purpose of assessment of tax. Under the Hindu
law members ... different
from the general principles of Hindu law. It contains a
deeming provision under which partition of the property of
HUF is accepted only
