The father has special power to effect a partition between himself and his sons even without their assent to it. He also enjoys the power to effect partition among his sons inter se. He could do it at any time during his lifetime irrespective of absence of consent of the sons. This power is vested in the father alone.
The grandfather does not hold the power to effect a partition among the grandsons. The partition so made by him binds his sons not because the sons are consenting parties to it but because it is the result of the power imposed by the father.
ADVERTISEMENTS:
According to Vijnaneshwar, the father has the power not only in respect of his separate property, but also in respect of joint family property. No such power is vested in any other coparcener. The father in exercise of his power can effect a partial partition between his minor sons and himself. However, it is necessary that he must exercise this power in a bona fide manner. If the partition by the father is found to be fraudulent, unfair, and unequal or vitiated by a favouritism, it can be re-opened.