What Is Joint Family Property under Hindu Law

In this way, any property acquired by a male Hindu from relatives other than the father, father`s father and father`s father`s father would be called a disabled inheritance. The owner of this property considers that the property is separate and absolute and that there is no chance of combining the property. Disabled property rights acquired by the owner after the estate of the final owner, but there are exceptional cases where ownership passes through surviving dependents. The exceptions have been mentioned below: Mulla`s Hindu Law Digest states that a common Hindu family under the « Dayabhaga » is like a « Mitakshara » family, usually common in food, worship and estate. In both systems, joint family ownership may consist of ancestral property, joint acquisitions and personal purchases, which are disposed of in the ancestral stock. A Hindu comparzenar is a much narrower body than the common family. The coparcénaire is the property inherited by three degrees, that is to say the sons, the grandchildren, the great-grandchildren. In other words, it includes only persons who, by birth, acquire an interest in the common or cooperative good, that is, the sons, grandchildren, great-grandchildren of the holder of the common good. Since, according to the Mitakshara law, the right to family community by birth belongs only to the male issue, women who come only as heirs of the disabled inheritance cannot be coparceners. The fundamental difference that is considered and said that the two are different is that in joint family property, men and women are considered members, whereas in comparative studies, only male members are considered members. Female members have no right or interest in birth property in a common family, but in Coparcenary, all members have the same right or interest in property from birth. The Supreme Court held that, according to a common interpretation of sections 4, 8 and 19 of the Hindu Succession Act, 1956, after joint family property has been distributed under section 8 in accordance with the principles of inheritance, Joint family property is no longer joint family property in the hands of the various persons who have inherited it, since they hold the property as roommates and not as roommates. Any property that is not part of the common family property is self-acquired property.

This separate word here suggests that the property was once a common family property, but has now been separated and is now separated. Thus, these assets would be regarded as separate property in respect of the brother of the person who owns it and always as joint family property in respect of his sons. It also means that no other person has a direct interest in the property. 4. Any property transferred to a single coparcener is a self-created asset, since there is no other coparcener. There is general agreement that we know that assets inherited up to three generations are called ancestral assets. This is part of the Coparcenary property. It is the property that comes from the father, the father`s father and the great-grandfather. Could you tell me under which paragraph/law it was mentioned that a successor has no right to property that his father himself acquired.

The comparative scenario includes only persons who acquired an interest in the owner`s property by birth and who can impose a division at any time. It is a tighter body than a mixed family. It begins with a common ancestor and includes a holder of common property and only the men of its male line who are no more than three degrees away from it. Separate property is the second category of property under Hindu law, in which property is inherited from other members of non-blood relatives. Bhanwar Singh v. Puran (2008) 3SCC 87 has been held by the Supreme Court that coparcenary ownership means ownership consisting of ancestral property, and that a coparcener would mean a person participating equally with other inheritances in the estate of the common ancestor. If a male Hindu dies after the commencement of this act who, at the time of his death, had an interest in a Mitakshara coparcenerie property, his interest in the property depends on the survival of the surviving members of the coparcenerie and not in accordance with this law. Self-acquired property can become ancestral property if it is thrown into the pool of ancestral property and enjoyed together. The Hindu Inheritance Act, which essentially regulates intestate succession, to this day recognizes the existence of a common law of the Hindu Mitakshra family. Mulla Article 218 defines unfettered inheritance as property in which a person has acquired an interest by birth, and disabled cultural heritage, the right of which arises not from the birth but from the death of the last holder. If a division or division takes place in a common Hindu family, then an ancestral property becomes a self-acquired property in the hands of a member of the family who received it.

It is often assumed that the property of members of a common family is joint family property. In Srinivas Krishna Rao Kango v. Narayan Devji Kango, 1954, it was stated that « Hindu law on this aspect of the case is well regulated.

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