Section 215: Relinquishment of partition share

1) Any coparcener may, by executing a deed to that effect, relinquish his or her partition share, with or without taking his or her partition share in part or taking some cash or kind only in consideration for his or her partition share.

2) While executing a deed on relinquishment of partition share pursuant to sub-section (1), if a coparcener has a husband, wife, son or daughter having attained the age of majority, the deed on relinquishment of partition share shall be deemed to have been executed only when consent of such a husband, wife, son or daughter has been obtained.

Provided that the entitlement of a minor coparcener to a partition share may not be relinquished.

3) If a deed on relinquishment of partition share is executed pursuant to sub-section (1), it shall be deemed as if he or she received his or her partition share.

4) A coparcener shall have to appear in person for executing a deed on relinquishment of the partition share or for receiving his or her partition share.

Provided that if a coparcener is not able to appear in person, he or she shall, for that purpose, appoint an authorised attorney in accordance with law.