coparcenary property’ and
incorporates into the subject the concept of a notional partition.
It is essential to note that this notional partition ... learned author further stated that:
“[T]he operation of the notional partition and its inevitable
corollaries and incidents is to be only for the purposes
Explanation 1 introduces as if (sic) a fictional or a notional partition Immediately before the death of the coparcener concerned. The share, which would have ... been allotted in that imaginary fictional or notional partition, is his interest which is now to devolve by testamentary or intestate succession under
that "partition' means any partition made by execution of a deed of partition duly registered under the Registration Act or partition effected ... partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected
death of Hutchegowda, the half share belonging to
Hutchegowda by notional partition, would have to be divided
into three equal shares, to be distributed between ... canvassed on behalf of
defendants 1 and 2 that in the notional partition, the property
should be first divided between the father
Rules.
16. It is contended that under Section 63(4) notional partition is permissible to ascertain the share of a member. This sub-Section, while ... share in the Joint Family has to be ascertained by notional partition; this will be added to his personal properties and the aggregate of both
Thereby irrespective
of the legal fiction from the concept of notional partition or deemed
partition from Section-6 Proviso Explanation-1, from any female relative ... notional partition by virtue of legal fiction got
all the traits of actual partition by metes and bounds, once that legal
fiction of notional partition
partition within the branch of the
father. They cannot claim partition in the larger coparcenary, but once the
larger coparcenary is partitioned- notionally or actually ... Succession
Act (HSA) was amended, introducing Section 6(3) that enforces
notional partition of parents' undivided interest in coparcenary
property.29
Thus, there
constitutes substantial question of law.
(III) The concept of notional partition introduced by the lower
::: Downloaded on - 27/11/2013 ... notional partition is
fictional partition and no actual partition had taken place. In the absence
of the actual partition having taken place and since
coparcener make an amicable partition and in that partition the widow of the deceased coparcener is allotted something less, such partition should be deemed ... explanation introduces a notional partition or what may be said in other terms a partition by fiction, Such notional partition or a partition by fiction
partition" means any partition
made by execution of a deed of partition duly registered under the Registration
Act, 1908 (16 of 1908) or partition ... partition which
has been effected before
20th December 2004 under a deed of partition, which was duly registered and also
a partition finally effected
