07/10/2019 Law Web: NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW

27
Shares

Home Law Web Search Engine Privacy Policy - Law Web Disclaimer Terms of Use

Sunday, 10 June 2018

NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW Thoughts

Mitakshara school divides property into two

classes,viz:

1) Unobstructed heritage:- Property in which a person Like us On Facebook

acquires an interest by birth is called unobstructed heritage.
Law Web
It is so called because the accrual of the right to such 62K likes
property has no obstruction. Thus property inherited by a
hindu from his father,father's father,or father's father's father,
Like Page
is unobstructed heritage. Their right to such property arises
from mere fact of their birth in the family and as soon as 1 friend likes this

they are born,they become coparceners of such property

along with their paternal ancestor. Ancestral property is
therefore is unobstructed heritage.

Read important Judgment on ancestral property:

Click here Follow us On Twitter

@LawWeb1

2) Obstructed heritage :- If however right to property

accrues not by birth but on the death of last owner without Connect Us On LinkedIn

leaving any issue, such property is called obstructed

heritage. It is so called because accrual of right to such
property is obstructed by the existence of owner of such
property. Thus property which devolves upon parents,
brothers, nephews,uncles etc upon the death of last owner
is obstructed heritage. These relatives do not take any
vested interest in the property by birth. Their right to such
property arises for the first time when owner of property Poll Of The Month

dies.Until that time,they have a mere spec successionis( a

bare chance of succession) to such property which would Whether Court Should Issue Warrant
Against Absent Spouse In Matrimonial
https://www.lawweb.in/2018/06/notes-on-joint-family-property-under.html 1/4
07/10/2019 Law Web: NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW

be realised only if they live longer than the owner of Disputes For Promoting Mediation?

property.
Yes

No
According to Hindu law, property can be divided into
two main classes,namely- Can't Say

Vote
a) joint family property, and
View Results Crowdsignal.com
27
Shares
b) separate property.
Popular Posts

In turn, joint family property can be divided into two Whether Certified copy of public
document is admissible in evidence
classes,namely- without being proved by calling
witness?
Now the other question which
remains to be decided is whether the
1) ancestral property,and compromise Ex. D3 is admissible in evidence or not?
The compromise dat...

Whether daughter in law can claim

2) separate property of coparceners thrown into common possession of property purchased by
her father in law in her name?
coparcenary stock. One argument, of course, could be
raised that by purchasing the property
in the names of the wives in the
family, the late Chaman Lal w...
Ancestral property is a species of coparcenary property. Landmark judgment on burden of proof and onus of
Ancestral property is acquired by unobstructed heritage. proof
What is called the burden of proof on the pleadings
should not be confused with the burden of adducing
evidence which is described as "...
Which property is ancestral property or separate What is duty of court if there is defective
property? investigation?
Lapses in Investigation 30. In C. Muniappan and Ors.
1) Property inherited from a paternal ancestor is ancestral v. State of Tamil Nadu MANU/SC/0655/2010 : (2010)
9 SCC 567, this Court explained...
property. Presumption of possession over an
2) Property inherited from maternal grand father is not open land always is deemed to be
that of owner and not of a trespasser
ancestral property,but it is his separate property. The concept of possession is an
abstract one. The ordinary

3) Property inherited from collaterals or from females will be presumption is that possession
follows title. Presumption of possession over ...

his separate property.

4) Share alloted on partition of ancestral property is Followers

ancestral property for his children. As regards other Followers (430) Next

relatives, such a share is separate property.

5) Property obtained by gift or will from a paternal ancestor
whether it will be ancestral property depends on facts of
case.
Follow
6) Accretions:- Accumulations and accretions of income of

ancestral property are ancestral property. So also property

purchased or acquired out of the income or with the

assistance of ancestral property would be ancestral

property. Property purchased out of sale proceeds of

ancestral property is also ancestral property.

PROPERTY THROWN INTO COMMON

STOCK(DOCTRINE OF BLENDING)

It sometimes happens that property which was originally

separate or self-acquired property of a member of joint
family is voluntarily thrown by him into common stock with
https://www.lawweb.in/2018/06/notes-on-joint-family-property-under.html 2/4
07/10/2019 Law Web: NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW

the intention of abandoning all claims of such property. If

this is done, such property becomes joint family property by 1 Free Family Law Advice a

operation of doctrine of blending. The act by which

coparcener throws his separate property into common stock 2 Family Law Rules a
is a unilateral act.As soon as he declares his intention to do
so ,the property assumes the character of joint family
property. 3 Intellectual Property Law a

27
Shares
However clear intention to waive his separate rights must
be established,and such intention cannot be inferred from 4 Property Title Search a

the mere fact that he allowed the other members of family to

use such property jointly with himself. Acts of generosity or
5 Buy Income Property
kindness are not to be mistaken for admission of legal a

obligation. Generally presumption is against blending of

self-acquired property with joint family property. The onus of 6 Property Manager a

proof is on person who alleges such a blending.

7 Divorce Laws in Portland a
Read important Judgment on blending of property:
Click here
8 Family Reunions a

Separate property:- All property other than joint family or

coparcenary property is separate property. Even if a hindu is
a member of a joint family,he may possess separate
property. The term self-acquired indicates that the property
has been acquired by a coparcener by his own exertion
without assistance of family funds.

Gains of learning Act 1930.

An important species of self-acquired property in hindu law
is what is known as gains of learning. The term gains of
learning means all acquisitions of property made
substantially by means of learning.
Hindu gains of learning Act 1930 governs this field.
Important judgments: Click here

1. FREE FAMILY LAW ADVICE a

2. FAMILY LAW RULES a

3. INTELLECTUAL PROPERTY LAW a

4. PROPERTY TITLE SEARCH a

5. BUY INCOME PROPERTY a

Print Page

3.9k
Shares

at 19:05

Labels: ancestral property, blending of property, gains of learning, gains of learning Act, Hindu law, joint family property, self
acquired property, separate property, Study material

No comments:

https://www.lawweb.in/2018/06/notes-on-joint-family-property-under.html 3/4
07/10/2019 Law Web: NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW

Post a Comment

Enter your comment...

Comment as: Sakthi-TenderHe Sign out

Publish Preview Notify me

27
Shares

Newer Post Home Older Post

Subscribe to: Post Comments (Atom)

Powered by Blogger.

https://www.lawweb.in/2018/06/notes-on-joint-family-property-under.html 4/4