Skip to main content

Concept of Separate Property under Hindu Law

 Concept of Separate Property under Hindu Law

By Shweta Nair


Separate property is that property which isn’t joint property. The term ‘Separate Property’ implies that property which was formally joint and now has become separate. For example, if a coparcenary involves 3 brothers A, B, and C and A becomes detached from his brothers, the share of the coparcenary property allotted to him will be his separate property as far as B and C are concerned. As regard A’s sons, the property will be joint. The term self-acquired infers that the property has been attained by a coparcener in his own capacity by his own efforts and without the help of family funds and that no other coparceners not even his own children have any interest in such property. It is to be noted that a Hindu may own separate or self-acquired property even while he continues to be a joint family member. 

Property acquired by a Hindu in any of the following ways is considered to be his separate or self-acquired property: 

  1. Property inherited as an obstructed heritage i.e., property inherited by a Hindu from any person other than his father, father’s father, or father’s father’s father. 

  2. Property acquired by a Hindu by his own efforts and without the aid of joint Hindu property. 

  3. Property obtained by a Hindu as his portion on a partition of a joint family. 

  4. Property devolving on a sole surviving coparcener, on a condition that there does not exist a widow having a child in her womb or having the power to adopt. 

  5. Property attained by a Hindu under a will, or by way of a gift, unless given by his father, father’s father or father’s father’s father, for the benefit of the family and not exclusively for himself. 

  6. Property containing ancestral movables obtained as a gift from the father out of affection provided such gift is without reasonable limits.

  7. Property obtained by a Hindu under an endowment from the Government unless it looks that the grant was made for the advantage of the family and not entirely for him.

  8. Ancestral property which has been lost to the family and which has been passed into the possession of strangers and is recovered by a coparcener without the aid of any other coparcener and without using the funds of the coparcener if such property is movable, the coparcener who recovers it takes it exclusively. In the case of immovable property, the person recovering it is the father, he takes it exclusively; in the case of other coparceners, the person recovering it takes one fourth of it as a bonus, the rest being allocated by all the members, including the person recovering it. 

  9. Property which was previously ancestral but was estranged by the family and later purchased by a member out of his self-acquired funds. 

  10. Gains of Science or Learning. 

  11. Impartible property and savings from such property. 

  12. Revenue of separate property, purchases made from such property or from its income or from the sale proceeds of such property. 
Labels:

Comments

Post a Comment

Popular posts from this blog

LAW INTERNSHIP AND TRAINEE OPPORTUNITY

  LAW INTERNSHIP AND TRAINEE OPPORTUNITY: LEXIS AND COMPANY, renowned for its excellence in the legal field, is thrilled to announce an exceptional internship and trainee opportunity for aspiring final year law students and newly enrolled Advocates. This highly coveted internship  and trainee opportunity  is a paid position, providing a remarkable platform for career growth and experiential learning in a corporate environment. Eligibility: Only for final year Students and Newly Enrolled Advocates. We are offering a limited number of vacancies, designed for law students and newly enrolled advocates in the dynamic world of the legal profession. This is an immediate joining opportunity, available to candidates who are interested to work in the area of commercial and civil litigation and have interest towards drafting, and legal research. As a team member at  LEXIS AND COMPANY,  you will refine your research and drafting skills while witnessing the meticulous professional conduct expected
Post a Comment
Read more

Physical Internship & Training Program - Legal (LEVEL - 1)

   Physical Internship & Training Program - Legal (LEVEL - 1) --- PLEASE READ THE COMPLETE JOB DESCRIPTION BEFORE APPLYING ---   Urgent Hiring for: LAW STUDENTS/CS STUDENTS/ FRESHER LAW GRADUATES/ FRESHER CS. Position: Physical Internship & Training Program - Legal (LEVEL - 1) Department: Legal. Firm Name: LEXIS AND COMPANY – LAW FIRM. Location: Janakpuri, New Delhi. CTC: RS 5000/- Per Month. Additional Allowance: All official expenses including travelling allowance for official purposes will be paid from the day 1 of the service with the firm.   We are urgently looking for LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS for the position of Physical Internship & Training Program - Legal (LEVEL - 1) for our Law Firm in Janakpuri, New Delhi.   Eligibility: Mandatory Qualification: Any LAW STUDENTS / CS STUDENTS / FRESHER LAW GRADUATES / FRESHER CS who wants to learn as a beginner. Desired Qualification: Any additional qualification  will be pre
Post a Comment
Read more

The Doctrine of Alternative Danger

  THE DOCTRINE OF ALTERNATIVE DANGER Although the plaintiff is supposed to be cautious in spite of the defendant’s Negligence, there can also be certain situations when the plaintiff is justified in taking some threat where some unsafe state of affairs has been created by way of the defendant. The plaintiff may appear as puzzled or worried through a hazardous state of affairs created via the defendant and to store his man or woman or property, or now and again to store a third party from such danger, he may take a choice risk. The law, therefore, lets in the plaintiff to come across a choice danger to shop by himself from the chance created via the defendant. If the path adopted by him results in some harm to himself, his motion in opposition to the defendant will now not fail. The judgment of the plaintiff, however, is not rash. The position can be defined by means of the case of Jones v . Boyce . In that case, the plaintiff used to be a passenger in the defendant’s train and instruct
Post a Comment
Read more