Only coparcenary property can be divided: A partition can only be effected to a property that was previously jointly owned. Even if an outsider has a claim on a joint Hindu property, that will not a be a bar to its partition procedure. After a portion of a property is allotted to someone and thereafter it is found that that same portion has another claimant, then the entire Partition procedure will take place again because the partition has to be made afresh after deducting the disputed portion.
Personal property cannot be divided: Any property that is personally owned by and of the members of a joint family cannot be divided,
Indivisible property: there are certain things that are indivisible like pasture grounds, roads, rights to easement, riding – horses, carriages.
Places of worship and idols: where a family jointly owns a place of worship and an idol, the same is either given to the seniormost member of the family with the right to perform their pujas to the others or it is given to all the coparceners of the family on a fixed time basis.
Residential House: Usually while partitioning a residential house, it is kept in mind that the whole house remains in the hands of one or more coparceners. It is generally tried to keep the entire value of the house untouched. If it is not possible, then a compensatory mount is to be given to the plaintiff.
Property available for partition: All property that is jointly owned at the date of partition is the property that is available for the partition. Before a property is partitioned, certain things have to be taken into consideration.
The claims that the joint family has in the market
Expenses for the maintenance of disqualified heirs, female members who are liable to be maintained by the family.
Common ceremonies that are supposed to be taken care of by the joint family.
