Classification of property under Hindu law, types of property.

Classification of property under Hindu law :- In Hindu law property are of two types :- 1) Coparcenary property (Joint family property) 2) Self- acquired propety (Separate property) Coparcenary property is of two types :- Joint family property or Coparcenary property signifies the property in which all the coparcener have community of interest and Unity of possession. Such Property consist of :- a) Ancestral property b) property joint acquired by the members of joint family. c) blended property d) property acquired by utilising Coparcenary property. *Ancestral property* 1) It is the species of coparcenary on joint family property. 2) Ancestral property means property inherited from father, grandfather & great grand father upto 3 degrees. 3) following kind of properties will constitutes ancestral property. 4) property allotted at the time of partition. 5) such property will divide by survivorship & not by succession. 6) Here male issue of the coparcener acquire an interest in property by birth. 7) the privy Council dealing with the source of ancestral property held that it is confined to property inherited from the three immediate paternal ancestors. and the property inherited from maternal grandfather so the absolute property of the inheritor on which his on does not acquire any interest by birth. 8) any property inherited by a person from his female relative cannot be termed as ancestral property. 9) property obtained by a mail Hindu by a way of gift or will from his father, grandfather or great grandfather would be required or self acquired. And Supreme Court held that it depends upon the intention of father for grandfather as extract in the deeds of gift or will are to be gathered from the term of the documed and surrounding circumstances. 10) the property earned by the brother after partition shall not be regarded as joint family property. 11) the income of joint family business institute joint family property. 12) any property acquired in exchange of a joint family property would also be held to be joint family property. *Property Joint acquired by the members of the joint family* 1) when property has been acquired by the members of joint hindu family by their joint labour whether in business, proffession, vocation with the aid of joint family property, it become joint family property, it become joint family property or Coparcenary property. 2) According to bombay High Court a property acquired by the joint labour of the members, even without the aid of joint family property in the funds is presumed to be joint family property, is the absence of any indication of an intention to the contrary. *property through into the common stock or blended property. 1) Of a Coparcener volluntarity mixes his separate property with Coparcenary property with the intention of abandoning all seprate claims to it then it would also be a joint property and so as to divisible among all the members. 2) The Coparcener is not bound to do so and may keep his self acquired property for himself. 3) Female is not Coparcener and cannot blend her property with joint family property But after passing of hindu succession Act 2005, women can also be Coparcener and has same rights as man have. 4) Act of blending can be done by express words or by express conduct of the parties & he act of blending unilateral. *Property acquired by utilising Coparcenary property* Or Joint family funds 1) Property acquired with the aid and assistance of joint family property is also joint. 2) if some property is purchased in the name of one of its member(joint family) then it will be regarded as a joint family property not his own seprate property. 3) If he had acquired any property without the help of joint family property it could be treated as his property. 4) If a karta of joint family purchase any property in his name, then there is a burden of proof on him to establish that property was purchased by his own seprate property & in the absence of such proof, it would be presumed to be joint family property. Example :- Policy Amount paid outof joint family fund than the benefit or amount received after maturation will also be considered as a part of joint family property. *Self Acquired Property* - Property which is not joint is called seprate self acquired property. - The word seprate suggests that the family was formally joint but has now become seprate. - when a member seprate from joint family the property acquired by him will be treated as his property but in regard with his brother but it will be regarded as joint family property as for as his son are concerned. Property acquired by a hindu male in the following ways will be considered as his separate or self-acquired property :- 1) Property acquired by a his own excretion it should not be the result of any joint labour, with the other members of the joint family. 2) Property inherited by a hindu form any person other than his father, grandfather or great grand father (properly inherit from collectors ends as brother, uncle etc). 3) Any property obtained by a hindu as his share a partition of a joint hindu family( privide has no male issue) 4) Any person develing on a sole surviving Coparcener( provided there is no widow in existence who has a power to adopt or has a child in her womb. 5) Property obtained by the way of gift or will (unless made by his father great grand father for the benefit of the family & not exclusively for benefit). 6) Property obtained by gift or ancestral property made by father through afternoon. 7) Property obtained by grand from the govern. 8) Joint family property lost to the joint family subsequently reversed by a member there of without the assistance of joint family. 9) Gains of learning :- An income earned by a members of joint family subsequently by means of his education or specialisation on special intelligence would be regarded as his separate property. *Nature of seprate property* 1) Seprate property is the exclusive property of hindu irrespective of the fact that he is a member of joint family. 2) Even his male descendants cannot claim any interest in that property by birth. 3) He has got the absolute right of alienatation of such property. 4) It cannot be the subject of partition till he is alive and after the death of the holder it devolves by succession & not survivorship. 5) The members of the joint family can also keep their seprate.


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