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Rules For Calculation of Shares in A Partition by Metes and Bounds

The document outlines rules for calculating shares during the partition of property by metes and bounds between generations in a Hindu joint family. The key points are: 1) Shares are calculated to be equal between the father and each son. 2) A son's share would include his lineal descendants. 3) The share of a pre-deceased son is taken by his branch, not collateral relatives. 4) Where only brothers exist, each gets an equal share distributed per capita.

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0% found this document useful (0 votes)
493 views

Rules For Calculation of Shares in A Partition by Metes and Bounds

The document outlines rules for calculating shares during the partition of property by metes and bounds between generations in a Hindu joint family. The key points are: 1) Shares are calculated to be equal between the father and each son. 2) A son's share would include his lineal descendants. 3) The share of a pre-deceased son is taken by his branch, not collateral relatives. 4) Where only brothers exist, each gets an equal share distributed per capita.

Uploaded by

anshul
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rules for calculation of Shares in a partition by metes and bounds.

1. Partition has to be effected between two generations as the first step(eg. Father and
son).
2. Shares are to be calculated in such a manner that the share of the father and each son
are equal.
3. The share of the son would be coparcenary if he has any lineal descendent.
4. The share of the pre-deceased son would be taken by his branch instead of the
collaterals.
5. Where the family comprise only of brothers each one of them would get equal share
(the per capita distribution).
6. Each branch takes the property as per stripes, but the members will take the property
per capita as regards each other.

Solve the following examples and ascertain the share of the each of the member who is
entitled to get a share at the time of partition.

1) A joint family comprises of a father F, his wife W and two sons. Both the sons are
major and demand partition from the father.
2) A Hindu father has three sons and a daughter. In the year 1989 one son wants
partition.
3) A JHF is comprising of three brothers and an adopt of son of one of the brothers. The
partition is taking place after the adoption.
4) F died as the undivided member of the JHF in the year 2000 leaving behind his
widow, W, two sons S1 and S2, one wife and two sons of S1, W1, S3 and S4.
5) A Hindu father F has two living sons ,S1 and S2, two sons of a predeceased son S3,S6
and S7, and two sons of S1,S4 and S5.
6) A HJF consists of father F, his wife W, two sons S1 and S2, and their wives, W1 and
W2, respectively, and one grandson S3.

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