A trial court is examining evidence on Demand for partition. Which approach should it avoid?
- A
Partition always requires physical division by metes and bounds first
- B
Only a registered deed can ever show partition
- C
Partition requires a clear and unequivocal intention to separate from the joint family status.
- D
Partition can be inferred from every quarrel among family members.
View answer and explanation
Correct answer: D. Partition can be inferred from every quarrel among family members.
Partition can be inferred from every quarrel among family members. is unsafe because it converts a qualified rule into an absolute proposition. The correct approach is: Partition requires a clear and unequivocal intention to separate from the joint family status.
Source note: Singhal Family Law II Notes / Partition of Hindu Joint Family Property