(1) If a
coparcener is desirous of getting separated by setting aside his or
her partition share, he or she shall file a lawsuit, specifying therein
the date of separation of bread and board from the other
coparceners and setting out an inventory of such property and debts
and assets held in his or her name and that of the other coparceners,
to the best of his or her knowledge, as is liable to partition.
Explanation: For the purposes of this Section, the term 'date
of separation of bread and board' means the following date or day:
(a) The date mentioned in the deed of separation of
bread and board,
(b) If there is no deed of separation of bread and
board, the date as agreed between the
coparceners on the separation of bread and
board,
(c) If no agreement is reached between the
coparceners pursuant to clause (b), the day
immediately before the day of filing a lawsuit,
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(d) Except as otherwise agreed upon, in the case of a
married daughter, the day of her marriage.
(2) If the deed of separation of bread and board is executed
between any coparceners only, such a deed shall come into force
only on the date of its registration.
(3) If the person filing a lawsuit pursuant to sub-section (1)
is unable to submit the inventory of property, he or she shall also
specify the reason therefor.
(4) If a lawsuit is filed pursuant to sub-section (1), the
concerned person also shall submit a statement of defense, together
with a statement whether the plaintiff is to be provided with a
partition share or not and if he or she agrees to provide a partition
share, together with an inventory of the property held in his or her
name and the debts and assets.