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ubject Matter Of Partition The only property which can be divided is the coparcenery property. Coparcenery property is ancestral property. Self-acquired property of a member is not subject of partition as it belongs to the owner. Self-acquired property is owned by person hard earned more, gift or will. Principle Of Partiton If property can be partitioned without destroying the value of property, then this partition has to be done, but if partition cannot be done unless the property is destroyed then the money compensation should be given. Properties Which Are Not Subject To Partition Impartible estates: Property which descends from one person to another because of some custom like Raj or principality. � Dwelling house: In Ancient times Smritikars believed that dwelling house cannot be partitioned but the modern view do not believe this. Partition of dwelling house will be decreed if insisted but Court will try that dwelling house stays with one or more coparcener but if no agreement is made among them, then the dwelling house will be sold and all the proceeds of sale will be divided among the coparceners. � Family shrines, temples and idols: These are neither divided nor sold. The possession is given to the senior coparcener or youngest member if this person happens to be the most religious person in the family and giving the liberty to other family members to worship at reasonable times. Property indivisible by its nature: Some properties are indivisible because of their nature like animals, furnitures, stair cases, wells, ways, passages, utensils and ornaments of a coparcener wife. These things cannot be divided unless we destroy their intrinsic value. These things should be sold and their proceeds divided among coparceners. � Legislative prohibition: Legislature may also make certain properties as indivisible for some social cause like prevention of fragmentation of holdings, in such cases Court should not only see that the coparcener demanding the partition has the right to make it but it should first clear that whether partition is permitted or prohibited by the Legislature.
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