A partition between coparceners may be partial either in respect of the property or in respect of the persons making it. The members of a joint family can go ahead to make a division or severance in respect of a part of joint property, while retaining their joint status as joint family and holding the rest of the properties of a joint and undivided family.
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But where the evidence is available with respect to their intention of the complete division of the properties, the joint status of the family comes to an end and if there is any undivided property in the hands of any one of the coparceners then such property will be held by all the coparceners as joint tenant. But it is also true that in case they are entitled to any property as joint tenant, some special agreement between them could be proved in respect thereof.
ADVERTISEMENTS:
At the time of the partition between coparceners the following categories of the property will be put aside:—
(a) Impartible estate,
(b) The property which is being held along with some stranger who has got no relation with the joint family,
(c) The property which is not in the possession of a coparcener,
ADVERTISEMENTS:
(d) The property which stood already divided between them, or
(e) The property which was outside the jurisdiction of the Court.