INTRODUCTION:-
Classification of Property means Property is divided into different
forms which are known by different names and all the different properties have
their own characteristics, features, and way of conducting its property.
According to Article 220 of Hindu Law, Property is classified into two types:
(1) Joint Hindu Family Property (2) Separate Property. Joint-family Property is
also known as ‘Coparcenary Property and this property consists of (a) Ancestral
Property (b) Property jointly acquired by the members of the Joint family. (c)
Separate property of a member “thrown into the common stock.” (d) Property
acquired by all or any of the coparcener with the aid of joint family funds.
There is a lot of division and classification in Property. Before the enactment of Hindu law, there were
two principal schools i.e. Mitakshara and Dayabhaga. Mitakshara School divides the property into
two categories and the first one is Unobstructed Property and the second one is Obstructed Property. Further, after the
enactment of Hindu law and the decline of both principal school, the Property
is divided into two parts i.e. Joint Family Property and Separate Property
under Hindu law.
JOINT
FAMILY PROPERTY
Whenever the head male member of a family purchases a property with the use
of money which he got by selling something which is jointly owned by every
coparcener then that purchased property becomes joint family property comes
under Hindu succession act under section
8
It will be classified as to be owned by the joint family. The law which
helps to blend separate property from the jointly owned property is well
settled.
All that needs to be assured is that the person in the family who is
acquiring that property needs to specify that he is giving up his property
voluntarily and thus it would be blended into the joint family property.
There exist judicial pronouncements relating to the rule that wherever
the jointly owned property would be severed then if the coparcener who has once
given up his self acquired property and he later realised that he is given very
less portion cannot make any claim on the self-acquired portion.
CHARACTERISTICS
OF JOINT FAMILY PROPERTY
1.
Large size:
The joint
family is large in size. It consists of parents, children, grand children and
other near relatives along with women. It is a group in which several basic
families live together at one and the same time.
2.
Common residence:
The
members of joint family usually live under the same roof. They may also live in
separate houses in close proximity to one another
3.
Joint property:
In a
joint family, the ownership, production and consumption of wealth takes place
on a joint basis. Both movable and immovable properly of the family is owned
jointly.
4.
Common worship:
Common
worship is an integral feature of the joint family system.
5.
Principle of seniority:
The
authority in the family is determined on the principle of seniority.
6.
. Joint responsibility:
Joint
family functions on the basis of joint responsibility. If the elder brother,
for example, is hospitalised, it is the responsibility of his younger brothers
to bear the medical expenses.
7.
Mutual rights and obligations:
The joint
family is characterized by mutual rights and obligations. The system of mutual
rights
SELF
ACQUIRED PROPERTY OR SEPARATE PROPERTY
Any property which is not a part of joint family property is a
self-acquired property. This word separate here suggest that the property was
once a joint family property but now has been severed and is now separate. Thus
this property would be considered as a separate property in relation to the
brother of the person who holds that property and still joint family property
in terms of his sons. This also means that no other person has any
self-interest in the property. Under Hindu succession act under section 8
CHARACTERISTICS
OF SELF ACQUIRED PROPERTY OP SEPARATE PROPERTY
·
Property acquired from any person other than his or her paternal
ancestors.
·
Property acquired by the Hindu as his share of the partition of joint
family property provided he has no son in existence.
·
Property gifted by the father to her daughter at her marriage is known
as separate property or self-acquired property.
·
Self-acquired property can become ancestral property if passed in the
pool of ancestral property ventures.
ANCESTRAL PROPERTY MEANING
Ancestral
property is a property inherited by a hindu family from their father,
grandfather or great grandfather by birth. It is an undivided property from
four generations which is inherited. If a property is inherited by any other
relations then it is not considered as an ancestral property. A property
inherited from the maternal side is not considered as ancestral property.
It is a separate property, this has been confirmed by under section 8
CHARACTERISTICS OF AN ANCESTRAL PROPERTY
Following are the
characteristics of ancestral property:-
- A
property held by Hindu Joint Family for more than four generations
- The
property should be undivided and if it is partitioned then each person
should get their separate equal share
- If
four generations are alive they all have joint interest and possession of
it.
- The
right in the ancestral property is by birth not by the death of their predecessors.claim.
It means that if X had a traditional property, then these four generations
have a claim
The
only condition is that the property should have remained undivided till the
fourth generation. When it comes to such ancestral properties,
the right for a son to inherit the property accrues by birth. Thus, even if the
son is estranged or disinherited, the claim to the property remains valid.
CASES OF JOINT FAMILY
PROPERTY
·
Srinivas Krishnarao Kango
v. Narayan Devji Kango, AIR 1954 SC 379
·
S.Sampoornam vs C.K.Shanmugam on 5 April,
2022
·
Arunachala
Gounder (Dead) By LRs. Vs. Ponnusamy and Ors.
Written By:
K.V.S.S.S.L.V. Harshini, [2nd Year, BA.LLB(Hons.)] under the guidance of Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.
Editorial Director:
Dr. Nagalatha Bathina, Associate Professor, Vignan Institute of Law.
Editors:
Dr. Praveen Kumar, Director, Vignan Institute of Law
Mr. L. Ashish Kumar, Assistant Professor, Vignan Institute of Law
Blog Managed By:
Taj Mahamood Baig [2nd Year, BA.LLB(Hons.)]