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Classification of Property

There are two types of property - self acquired and joint family/ancestral property. Self acquired property is owned exclusively by an individual and they have absolute rights over it. Joint family/ancestral property is collectively owned and enjoyed by all members of a joint family, with coparceners having rights over it and other members having rights of maintenance and residence. Joint family/ancestral property is that which has been inherited from three immediate paternal ancestors.

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126 views10 pages

Classification of Property

There are two types of property - self acquired and joint family/ancestral property. Self acquired property is owned exclusively by an individual and they have absolute rights over it. Joint family/ancestral property is collectively owned and enjoyed by all members of a joint family, with coparceners having rights over it and other members having rights of maintenance and residence. Joint family/ancestral property is that which has been inherited from three immediate paternal ancestors.

Uploaded by

Utkarsh Singh
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CLASSIFICATION OF PROPERTY

TWO TYPES OF PROPERTY

1. SELF ACQUIRED
2. JOINT FAMILY / ANCESTRAL PROPERTY
SELF ACQUIRED/ SEPARATE PROPERTY
 OWNED BY PERSON EXCLUSIVELY AND ENJOYS ABSOLUTE
POWER OVER THE DISPOSAL
 CAN SELL IT, MORTGAGEIT GIFT IT, LEASE IT WILL OR EVEN

DONATE
 ON HIS DEATH THE PROPERTY WILL GO ACCORDING TO LAW S

OF INHERITANCE
 NO PERSON HAVE A BIRTH RIGHT ON IT
 EVERY HINDU MALE OR FEMALE CAN OWN SEPARATE

PROPERTY EVEN WHEN PART OF JOINT FAMILY


ACQUISTION OF SEPARATE PROPERTY
 ACQUIRED THROUGH LEARNING OR SPECIAL SKILLS
 RECEIVED AS PRIZE OR SCHOLARSHIP
 INHERITANCE THROUGH OBSTRUCTED HERITAGE
 BY WAY OF GIFT
 BY WAY OF WILL

(UNLESS THE DONOR /TESTOR EXPRESSELY MAKES IT A JOINT


FAMILY PROPERTY) C.N.ARUNCHALAM V C.A.MURUGANTHA
MUDALIAR AIR 1953 SC
 GOVERNMENT GRANTS
 SALARY AND RENUMERATION RECEIVED ON A JOB
JOINT PROPERTY/ COPARCENARY PROPERTY

 PROPERTY HELD JOINTLY BY MEMBERS OF A JOINT FAMILY


 ALL MEMBERS HAVE RIGHT ON THIS PROPERTY THOUGH

THESES RIGHTS ARE NEITHER EQUAL NOR SAME


 THE PROPERTY IS COLLECTIVELY OWNED BY ONLY

COPARCENERS
 WHEREAS NON-COPARCENERS ONLY HAVE RIGHT OF

MAINTENANCE AND RESIDENCE


 IT HAS TWO CHARACTERSTICS

1. IT’S A JOINT FAMILY PROPERTY


2. IT IS ANCESTRAL
 ANCESTOR MEANS- THAT THE PROPERTY HAS COMES FROM
AN ANCESTOR
 THE TERM ANCESTOR HERE IS NOT USED IN GENERAL OR

BROAD SENSE- BUT REFERS TO THREE IMMEDIATE PATERNAL


ANCESTOR
 THIS PROPERTY IS ALSO CALLED COPARCENARY PROPERTY
 COPARCENARY PROPERTY THOUGH OWNED BY

COPARCENERS- ENJOYED BY ALL MEMBERS OF JOINT FAMILY


NATURE OF COPARCENARY PROPERTY
 THE COPARCENARY PROPERTY CHANGES ITS NATURE
DEPENDING UPON THE CLAIMANT
 A PERSON ACQUIRING PROPERTY FROM HIS MALE ANCESTORS

HOLDS THE SAME AS JOINT FAMILY PROPERTY ONLY WITH


RESPECT TO HIS LINEAL DESCENDANTS- FOR OTHERS IT HIS
ABSOLUTE PROPERTY
 DIPPO V WASSAN SINGH AIR 1983 SC
 ORIGIN OF PROPERTY IS IMMATERIAL FOR DETERMINATION OF
ITS CHARACTER SUBSEQUENTLY
 A SEPARATE PROPERTY OF THE FATHER WHEN INHERITED BY

HIS SON BECOMES COPARCENARY FOR HIS LINEAL


DECENDANTS,
F
|
S
|
SS
ACQUISTION OF COPARCENARY PROPERTY
 PROPERTY INHERITED FROM ANCESTORS
 PROPERTY GIFTED/ BEQUEATHED BY FATHER TO SON- IF

INTENTION IS THERE THAT THE PROPERTY TO BE TREATED AS


JOINT FAMILY PROPERTY
 PROPERTY RECEIVED AFTER PARTITION
 PROPERTY ACQUIRED WITH AID OF JFP
 IMPROVEMENT OF SEPARATE PROPERTY WITH JOINT FAMILY

FUNDS – BOTH PROPERTIES MIXED IN A MANNER THAT IT IS


NO LONGER POSSIBLE TO DIDTINGUISH BETWEEN THE TWO.
 PROPERTY INHERITED FROM THE FATHER UNDER HSA 1956
1. CWT V CHANDRA SEN 1986 SC
2. MAKHAN SINGH V KULWANT SINGH- 2007 SC
3. ASS KAUR V KARTAR SINGH – 2007 SC

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