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Home Family Law

Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family.

by PLRonline
July 7, 2021
in Family Law
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Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family. Mulla on Hindu Law, 22nd Edition, while deliberating on reunion has status following in paragraphs 341, 342 and 343:-

“341. Who may reunite,- ‘A reunion in estate properly so called, can only take place between persons who were parties to the original partition’. It would appear from this that a reunion can take place between any persons who were parties to the original partition. Only males can reunite.

342. Effect of reunion,- The effect of a reunion is to remit the reunited members to their former status as members of a joint Hindu family.

343. Intention necessary to constitute reunion: To constitute a reunion, there must be an intention of the parties to reunite in estate and interest. In Bhagwan Dayal v. Reoti Devi, the Supreme Court pointed out that it is implicit in the concept of a reunion that there shall be an agreement between the parties to reunite in estate with an intention to revert to their former status. Such an agreement may be express or may be implied by the conduct of the parties. The conduct must be of an incontrovertible character and the burden lies heavily on the party who assets reunion.”

Tags: Hindu Joint FamilyHindu Joint Family - partitionHindu Joint Family - Reunion
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ARVIND SINGH v. THE STATE OF MAHARASHTRA – 2020 SCeJ 2265

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Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family.

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