Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court

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Case: R. Janakiammal vs. SK Kumarasamy (Deceased)

Coram: Justices Ashok Bhushan and R. Subhash Reddy

Case No: [CA 1537 OF 2016]

Court Observation: “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.”

“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.”

“Intention necessary to constitute reunion: To constitute a reunion, there must be an intention of the parties to reunite in estate and interest.”

“The above observations indicates that this Court also approved the Madras High Court judgment in Mukku Venkataramayya(supra). Again this Court in Anil Kumar Mitra and Ors. Vs. Ganendra Nath Mitra and Ors., (1997) 9 SCC 725 held that the acts of the parties may lead to the inference that parties reunited after previous partition.”


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