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 the joint family who acquires them, even if—

(a) His learning had been (in whole or in part) imparted to him by any member of his family, or with the aid of the joint funds of the family, or with the aid of funds of any member of the family; or

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(b) He himself or his family had, while he was acquiring such learning, been maintained or supported (wholly or in part) by the joint funds of the family, or by the funds of any member of the family.

The above Act came into force on 25th July 1930. It is retrospective in operation, and all gains of learning whether made before or after the said date, constitute the self-acquired property of the person acquiring them.

Moreover, under the said Act, the term “learning” is given a wide meaning to mean all types of education, whether elementary, technical, scientific, special or general, and training of every kind for persuing any trade, industry, profession or avocation in life.

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