“Once only is a partition made”. To this principle however, there are the following exceptions:
(i) After-Born Son:
At the time of the partition the wife of a coparcener may be envientre. If she gives birth to a son subsequently such son would be a coparcener and so entitled to a share.
At the time of the partition itself a share might have been reserved to him in anticipation of his birth. If this was not done, he can have the partition reopened. If his father had been allotted a share, of course he cannot seek reopening the partition for his right can be worked out inside his sub-branch.
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(ii) Adopted Son:
ADVERTISEMENTS:
If a coparcener’s widow makes an adoption after partition, such adoption, before the Hindu Adoptions and Maintenance Act, 1956, related back to the date of the death of the deceased husband of the widow and so such an adopted son could reopen the partition.
(iii) Minor Coparcener:
When at the time of the partition a coparcener is a minor, if his interests are not properly safeguarded, he may reopen the partition. Even when there is no fraud, misrepresentation or undue influence, a partition can be reopened at the instance of a minor coparcener (though he was represented by his father at the partition) if the partition was unequal, unfair or prejudicial to the interest of the minor. Sukhrani v. Hari Shankar, AIR 1979 SC 1436: (1979) 2 SCC 463.
(iv) Fraud:
If the partition was vitiated by fraud, it can be reopened when the fraud is discovered.
(v) Mistake:
ADVERTISEMENTS:
If by mistake some of the Joint Family Properties had been left out of partition they may be subjected to partition later on.