HSA, 1956
Querist :
Anonymous
(Querist) 06 July 2011
This query is : Resolved
IS COPARCENARY AND NOTIONAL PARTITION EXISTED IN MITAKSHARA AFTER AMENDMENT OF HSA, 2005? IF IT IS THEN DESCRIBE THROUGH EXAMPLE NOW HOW THE SUCCESSION AND NOTIONAL PARTITION TOOK PLACE?
R.Ramachandran
(Expert) 07 July 2011
Yes, even after coming into force of HSA Amendment Act, 2005, there is incidence of coparcenary succession and notional partition. Notional partition is nothing but partition by way of indicating each coparcener's share. The moment that share is determined by metes and bounds i.e. specifying the exact physical share indicating extent of the property and earmarked by boundries, the notional partition would have given to physical actual partition by metes and bounds.