4.7 Legal Provisions on Partition (Ansa Banda)

The Code's partition chapter — the family property's division: the coparcenary's composition (the heirs by birth — sons AND daughters equally; the spouse); the partition modes (mutual deed, or the court's division on demand — the right to demand partition as the Code's individualist guarantee: no one can be held in coparcenary against will); the shares (equal division of the family property among the coparceners, with the special provisions — the parental maintenance allocations; the unmarried/-disabled children's additional shares within the Code's scheme); the property's valuation and division mechanics (the parcel-and-offset methods); the spousal share (the matrimonially-acquired property's equal division); the partition deed's registration (the phalam — the subdivision's record). The critical study: partition's social costs — the minifundia problem (the average holding's fragmentation); the litigation culture (the same-surname dockets — U10's cases); the mano chuttinu (the separation-before-partition) practice questions.