The Law of Re-union. What is its effect on inheritance and survivorship – Explained!

Law of Re-union:

A re-union can take place only be­tween persons who were parties to the original partition. Accord­ing to the Mitakshara, the Dayabhaga and the Smriti Chandrika members of a joint family once separated can reunite only with his father, brother and paternal uncle but not with any other rela­tion. According to Vivad Chintamani and Mayukha a person may reunite with any relation who was a party to the original partition.

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Only males can reunite. No writing is necessary for a reunion. Even persons who are parties to a registered deed of partition may reunite by an oral agreement. To constitute a reunion, there must be an intention of the parties to reunite in estate and interest.

Under the Mitakshara Law the share of a reunited member survives to the other members of the reunited family like the share of a member of a normal joint family, and the reunited son has a preferential right of inheritance to one who remains sepa­rate.

In Dayabhaga Law also the order of succession is the same except that as between claimants of equal degree, one who is reunited is to be preferred to those who are not reunited.

Following is the order of succession after reunion according to Viramitrodaya.

(1-3) Son, grandson and great grandson;

(4) Reunited whole brother;

(5) Reunited half brother and separated full-brother;

(6) Reunited mother;

(7) Reunited father;

(8) Any other reunited coparcener;

(9) Half-brother not reunited;

(10) Mother not reunited;

(11) Father not reunited;

(12) Widow;

(13) Daughter;

(14) Daughter’s son;

(15) Sister.

Subject to the above, the succession goes to the Sapindas, Samanodakas and Bandhus in the usual manner.