Division of Property by Metes and Bounds
Introduction
Division of property by metes and bounds is the final stage of partition. It involves actual physical division of joint family property. Each coparcener receives a defined and separate share.
Meaning / Definition
Division by metes and bounds means physical division of property into specific portions.
Key points:
- Property is divided into clearly identified shares.
- Each coparcener becomes absolute owner of his share.
- Before division, a proper enquiry of joint family assets is required.
- An inventory (list of property and assets) must be prepared.
Modes or Types
Preliminary Adjustments Before Division
Before actual division, certain obligations must be settled:
- Payment of father’s debts
- Maintenance (financial support) and residence of:
- Unmarried daughters
- Female members
- Disqualified coparceners (members not capable of managing property)
- Funeral expenses
- Marriage expenses of unmarried daughters
Rules for Allotment of Shares
Between Father and Sons
- Each son gets a share equal to the father.
Between Brothers
- All brothers take equal shares.
Among Different Branches (Per Stripes)
- Each branch (family line) takes one share.
- Then division within branch is done per capita (per head, equal share to each member).
Doctrine of Representation
- If a coparcener dies before partition:
- His share is taken by his male descendants.
- These descendants represent (stand in place of) the deceased coparcener.
Example:
- A father has three sons.
- One son dies leaving two sons.
- The deceased son’s share is divided equally between his two sons.
Distinction / Comparison
| Basis | Per Stripes | Per Capita |
|---|---|---|
| Meaning | Share given to each branch | Share given to each individual |
| Application | First stage of division | Second stage within branch |
| Distribution | Based on family line | Based on number of persons |
Practical Example
A father has three sons: S1, S2, and S3.
- Each gets 1/4 share (including father).
- If S2 has died leaving two sons:
- S2’s 1/4 share is divided between his two sons.
- Each gets 1/8 share.
Summary
- Division by metes and bounds means physical division of property
- Each coparcener receives a defined and separate share
- Prior adjustments include debts, maintenance, and expenses
- Shares are distributed equally among father and sons
- Branches take shares per stripes, then per capita within branch
- Doctrine of representation allows descendants to take deceased member’s share