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Which of the following is not a general rule regarding Partition?
Once made cannot be re-opened
Once made can always be re-opened
Can be re-opened by any member at any time
Both (b) and (c) are correct
Generally, partition once made is irrevocable, however, the same can be reopened in case of following circumstances – Mistake- a suit can be filed, if any of the joint family properties have been left out of partition by mistake they can be subjected to partition later. Fraud-The partition can be reopened if any of the coparceners had done any fraudulent or mala fide act. For example, if any of the property has not been made subject to partition fraudulently. Disqualified Coparcener-Due to some reasons, the disqualified coparcener might be underprivileged from his share of the property at the time of partition. In such a situation, he could get the partition removed after the disqualification is removed. Son in Womb-If a son is in the Womb at the time of partition, and no share was allotted to him, at the time of partition then later it can be reopened. Adopted Son-The adopted son is permitted to re-open the partition in case if the widow of a coparcener adopted a son after the partition. Such adoption under the Hindu Adoptions and Maintenance Act 1956 related back to the date of death of deceased husband & such adopted son can reopen partition. Absent Coparcener-Coparcener who is not present at the time of partition has a right to reopen the partition if he is absent at the time of partition and no share is allotted to him. Minor Coparcener-If a minor coparcener can claim for reopening the partition if he is not allotted his share at the time of partition, after attaining majority. If at the time of partition his interests are not be properly safeguarded then he can reopen the partition. A partition can be reopened at the request of minor coparcener even if there is no fraud, misrepresentation or any undue influence.
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