Response

According to Hindu Personal Law, severance of joint status in a Hindu Joint family refers to a divison through which the joint status of a family comes to an end. Severance of joint status will give rise to new joint families or nuclear families. For partition, there must be at least two coparceners in the Hindu joint family because then only there will be a state of jointness amongst the coparceners which will come to an end by partition.

Under Mitakshara school, partition does not merely mean division of property into specific shares. It basically means severance of joint status. Essential of coparcenary is important but existence of joint property is not essential for demanding partition. A coparcener has a right to demand severance of joint status any time without the consent of the other coparceners. It is immaterial whether the other coparceners want to remain united with him or not. A demand, in order to bring the severance of the joint status must comprise of the following three things:
1.Formation of an intention to separate from the joint family.
2.A clear, unequivocal and unilateral declaration of the intention to separate.
3. The intention must be communicated to the Karta or to other coparceners in his absence.

Reference:

202100179202100425680

LAWAYZ-2023-101