A Joint Hindu Family consists of Father ‘F’ and his son ‘S’. Partition takes place between ‘F’ and ‘S’. Two years after partition another son ‘T’ is born to ‘F’. Now state who are all coparceners and what is the share of property of each person.
If the father has reserved a share to himself at the time of partition, a son begotten and born after partition cannot reopen the partition and he can only inherit his father’s share.
At the time of partition with his sons, only if the father has not reserved a share to himself, a son begotten and born after partition can re-open the partition and have a share allotted to him.
In the given problem, partition has taken place between ‘S’ & ‘F’ who are only co-parceners with 50% share each. Since partition has taken place, and ‘T’ is born to ‘F’ after 10 months (not a child in the womb of ‘F’s wife), he is not entitled to reopen the partition, but he is entitled to 50% share of his father ‘F’s share only.