A Krishan v. Mathur Mohan (1865) 10 M.I.A.

A re-union can take place between persons who were parties to the original partition [Bala Bux v. Rukhma Bai (1913) 130IA 130; B.C. Naik v. Bhaba Bewa A.I.R. 1972 Orissa 72],

According to Mitakshara, re-union cannot take place with any person indifferently but with father, a brother or a paternal uncle. According to Dayabhaga also, a re-union is valid only with a father, brother or paternal uncle.

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There is a difference of opinion between the different schools on the question whether any two persons who were parties to the partition may reunite. According to Bombay and Mithila schools any two persons who were parties to the original partition can reunite. According to Banaras, Bengal and Madras schools re­union can take place only with the father, the brother or uncle who has been expressly named in the text of Brihaspati.

No writing is necessary for a reunion. It may take place by verbal arrangement but there must be an intention to reunite. Mere living and carrying on business together is not conclusive evidence of reunion. [Bhabgati v. Murlidhar, 1943 A.L.J. 328 P.C.).

To constitute a reunion there must be an intention of the parties to reunion is estate and interest. There can be no reunion unless there is an agreement between the parties to reunite in estate with the intention to remit them their former status as members of a joint family. But possession of family properties at the time of reunion is not essential. A minor cannot reunite be­cause he is not competent to contract.

Effect of reunion:

The effect of reunion is to remit the reu­nited members to their former status as members of a joint Hindu family. [Pran Krishan v. Mathur Mohan (1865) 10 M.I.A. 403], The question is whether the property, which was formerly joint but was later on parted as a result of partition will pass by survi­vorship or by inheritance. The majority of High Courts are of the view that property will pass by survivorship like any other joint family property.

There is no difference in coparcenaries by birth and coparcenaries by reunion. The special rules of inheritance are applicable only to the separate property of the reunited members.