3 Major Cases in which a Father has a Special Power of Disposal of Ancestral Property

A father, however, has a special power of disposal of ancestral property in the following three cases, viz.: 1. Gift by the father of ancestral movable property: Under the Mitakshara Law, sons (and after the 2005 Amendment, the daughters) acquire, by birth, rights in ancestral property, equal to those of the father, in both movable […]
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Short Essay on the Joint Family Property under Hindu Law

In turn, joint family property can be divided, according to the source from which it comes, into two classes, namely,- (i) Ancestral property, and (ii) Separate property of coparceners thrown into the common coparcenary stock. It may be noted that the terms “joint family property” and “coparcenary property” mean the same thing. Further, property which […]
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What are the Rights and Duties of Coparceners? (14 Rights)

As observed by the Privy Council in Katama Natchairv. Rajah of Shivagunga (1893 9 M.I.A. 539), “there is community of interest and unity of possession between all the members of the family”. 2. Share of Income: A member of a joint family cannot, at any given moment, predicate what his share in the joint family […]
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What are the Categories of Separate Property which could be possessed by a Hindu?

Property acquired by a Hindu in any of the following twelve ways is deemed 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 […]
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7 Main Differences between Coparcenary Property and Separate Property

The separate property of a coparcener, on the other hand, passes, on his death intestate, to his heirs by succession, and not by survivorship to the remaining coparceners. 2. Nature of interest: All the coparceners have community of interest and unity of possession in the joint family or coparcenary property. On the other hand, the […]
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What are the Presumptions as to Coparcenary & Coparcenary Property under Hindu Law?

The above presumption is mainly available when the question arises as to whether a specific property which was admittedly joint in the past, has continued to be joint by virtue of a separation. In such cases, the burden would lie upon the member who claims it as his separate property to prove that there was […]
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Provision of Partnership with Strangers by a Member of Hindu Joint Family

Similar observations apply when the manager of a joint family enters into a partnership and contributes capital from the joint family funds. Even in such a case, contractual relations are established between the third party and the manager, and no privities of contract exists between the third party and the family as a whole. Therefore, […]
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Useful Notes on Hindu Gains of Learning Act

After 1930, the position is governed by the Hindu Gains of Learning Act, 1930. This Act has removed the anomalies existing under the previous law, and it is now provided that notwithstanding any custom, rule or interpretation of Hindu Law, gains of learning are to be the exclusive and separate property of the member of […]
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Section 103 of Indian Penal Code, 1860 – Explained!

As in that section here also it has been specifically stated that this right is subject to what has been specified in section 99 of the Code by way of restrictions. The circumstances under which even death may be caused have been enumerated under four clauses and the section clearly state that the right is […]
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What are the Characteristic Features of a Hindu Coparcenary? (7 Features)

Thus, if a joint family consists of X and his deceased brother’s wife, W, and W adopts a son, such a son will become a coparcener with X. (iii) Exclusion of females: Before the 2005 Amendment, no female could be a coparcener, although she could be a member of a joint Hindu family. Even a […]
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