No member can claim any mesne profits previous to the partition because usually whatever extra is earned from the property goes for the welfare of the joint family at large. When a coparcener files a suit for partition, he will not be awarded any mesne profits for the period prior to the initiation of the suit. However the plaintiff who initiates a suit is entitled to mesne profits from the date of initiation of the suit.
Coparceners: Previously, the married daughters of a joint Hindu family could not file a suit for partition but could claim her share if the joint property was partitioned by any of the male members of the family. Now a days however, even the married daughters of a Hindu family can file a suit for partition of a joint Hindu property.
Portion of an adopted son: although the adopted son has the same share in the property of the father, it differs from one state to another. As far as the Sudras are concerned, the adopted son shares the property of his father equally in Chennei and Bengal, whereas in the other states except Mumbai he is entitles to only 1/5th of the entire property.
Suit for partition by a minor: A minor can file a partition suit if he finds that his rights to the property will be prejudiced if the same is left in the hands of his coparceners. A minor can also file a suit for partition if:
he finds that the property is not being properly taken care of by the other coparceners.
if the minor feels that his rights are denied
if the minor’s maintenance is not provided
A court does not usually accept a partition suit by a minor unless and until it is assured that it is solely for the benefits, interests of the minor.
