Reunion

Introduction

Reunion is a concept under Hindu law where previously divided coparceners come together again. It restores the joint family status after a valid partition. It is an exception to the general rule that partition is final.

Meaning / Definition

Reunion means the restoration of joint family status between persons who were earlier divided.

Key points:

• It occurs after a valid partition.
• Only persons who were parties to the original partition can reunite.
• It brings back the status of coparcenary (joint ownership with shared rights).

Modes or Types

Conditions for Valid Reunion

• Reunion is allowed only between:
  • Father and son
  • Brothers
  • Paternal uncle and nephew
• Only original parties to partition can reunite.
• New members (born after partition) cannot be part of reunion.

Mode of Effecting Reunion

• There must be intention to reunite in:
  • Estate (property)
  • Interest (legal rights)
• This intention can be:
  • Express (clearly stated)
  • Implied (inferred from conduct)

Revocation of Partition

• Partition cannot be cancelled by one person alone.
• It can be reversed only by mutual agreement of all parties.

Re-opening of Partition

Partition can be reopened only in limited cases:

• Property was hidden by fraud (dishonest concealment)
• Lost property is later found

Persons who can reopen partition:

• Adopted son
• Son in the womb at time of partition
• Son born after partition
• Absent member
• Minor coparcener

Partial Partition

Partition need not always be complete.

Partial as to Property

• Only part of the property is divided.
• Remaining property continues as joint.

Partial as to Persons

• One coparcener separates.
• Others continue as joint family.

Consequences of Partition

• Member becomes separate individual.
• Share becomes fixed and definite.
• Property becomes separate property.
• On birth of a male child, a new coparcenary may arise.

Important Case Law

• Bhagwan Dayal v. Mst. Reoti Devi (AIR 1962 SC)
  The Supreme Court of India held that reunion requires an agreement (express or implied) between parties to reunite in estate and interest.

Distinction / Comparison

Practical Example

A father and two sons divide their property and become separate.

• Later, they agree to live and hold property together again.
• This creates a reunion.
• They regain the status of joint family and coparceners.

Summary

• Reunion restores joint family status after partition
• Only original parties to partition can reunite
• Requires intention to reunite in property and rights
• Partition cannot be revoked by one person alone
• Re-opening allowed only in limited cases like fraud
• Partial partition is legally valid
• After partition, property becomes separate property
• Reunion brings back coparcenary rights and duties