The provisions to be made before Partition are as follows:
Some provisions must be made out of the property liable to partition before any partition is effected.
1. Debts incurred for joint family which are payable out of the joint family property, provided they have not been contracted for immoral or illegal purposes.
ADVERTISEMENTS:
2. Personal debts of the father not incurred for illegal or immoral purposes.
3. Maintenance of dependent female members and disqualified heirs.
4. Marriage expenses of unmarried daughters of the last male holder but not of the collaterals.
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ADVERTISEMENTS:
The amount of expenses must be commensurate with the wealth of the family. There is no need for making provisions for the marriage of unmarried coparceners. The Madras High Court in a case has held that where the marriage of a daughter is performed after filing a partition suit but before the finalisation of said suit, the amount spent for the marriage of daughter is recoverable from the joint family property.
5. Expenses for funeral ceremony of the widow and the mother of the last male-holder.
After the above provision has been made out of the property liable to partition, an account must be taken of the joint family property in the hands of the manager and other members of the family. No charge will be made against a coparcener on account of the fact that a large share of the family income was spent on his family in consequence of having a large family to support.
The Supreme Court in K.N. Naryanan v. K.V. Rangnathan, held that while dividing the family estate, it is necessary for the joint family to take account of both the assets and the debts, for which the undivided estate is liable and to make provision for discharge of the debts.
ADVERTISEMENTS:
Where property is given to a member in lieu of his personal undertaking to discharge the debts of the joint family, the Court is to recognise and sustain it. By the aforesaid arrangement other members were absolved of the responsibility to discharge family debts.
The following points are notable in connection with the partition of the joint family:—
1. There should be an expression of distinct intention.
2. Division by metes and bounds is not necessary.
3. The existence of property is not necessary.
4. There is no need of telling the reasons of severance.
5. The presence of minors will be no hindrance in partition.