Re-union is a process by which two or more members of a Hindu family, after having become separate, re-unite in such a way as to constitute a joint family.
“He who, being once separated, dwells again through affection with his father, brother or paternal uncle is termed re-united.” This text of Brihaspati is taken literally by the Mitakshara, and therefore, under that school, a re-union can take place only between a member and his (i) father, (ii) brother or (iii) paternal uncle, but not with any other relative.
Thus, there are two conditions to a valid re-union under the Mitakshara and Smritichandrika (Madras School). Firstly, parties to a re-union amongst a Hindu family must have been parties to the original partition. Secondly, according to the Mitakshara, a member of a joint family, once separated, can re-unite only with his (i) father, (ii) Brother or (iii) paternal uncle,- but not with any other relative.
ADVERTISEMENTS:
The Mayukha and Vivada Chintamani (Mithila School) take the text to be illustrative only, and therefore, a re-union can be effected between others also, provided they were parties to the original partition.
There can be no re-union unless there is an intention to re-unite and to re-invest the members with the former status or members of a joint family. After re-union, the property does not pass by survivorship, but by succession. Another effect of re-union is to restore the undivided status of the re-uniting members with the rights of survivorship as if no partition had taken place.