Partition

The partition of property in India is governed by Partition Act 1893. Partition Act was enacted for the purpose of providing that where division of property cannot reasonably or conveniently be made and that sale of the property and distribution of proceeds would be more beneficial for all the share-holders, then the court may direct the sale of the property and distribution of the proceeds. The Act is technical in character.

The Hindu Succession Act, 1956, amends and codifies the law relating to intestate or unwilled succession, among Hindus. The Act lays down a uniform and comprehensive system of inheritance and applies to persons governed by both the Mitākṣarā and Dāyabhāga schools. It is hailed for its consolidation of Hindu laws on succession into one Act. The Hindu woman’s limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes.

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