Separate or Self -acquired & Ancestral property .....................Basic requirement ....
- Basically essential feature of ancestral property according to Hindu Law is that the sons , grandsons , and great grandsons of the person who inherits it , Acquire an Interest & the Right attached to such property at the Movement of their Birth .
- All property inherited by a male Hindu from his father , father's father or father's father's father is ancestral property subject to above condition.
- Since 11-08-2020 [ i.e. Vineeta Sharma v/s Rakesh Sharma Judgement of Supreme Court ] Daughter got right by birth in ancestral property .
- Property which is originally separate or self acquired by operation of Blending i.e. voluntarily thrown into the common stock with intention of abandoning all separate claims upon it become joint family property .
- Property jointly acquired in business , joint labour of joint family is joint family property .
- Property purchased using nucleus of joint family property is a joint family property .
- No male or female issue acquire any interest by Birth in the Separate or Self acquired property of a Hindu .
- Separate , self acquired property is not liable to partition , but on the death of person intestate , it passes by succession to his heirs .
- Separate / Self acquired property acquired by income of separate property , inherited from other than father , father's father , father's father's father , gift will, of separate property , government grant , from separate earning , property held by sole surviving coparcener when there is no widow in existence who has power to adopt .
- - - - - - - - Relevant Provision - - - - - - - -
......Provisions of un codified Hindu Law in respect of separate , self acquired ,ancestral , joint family property ...........
--------------- Relevant Judgement .....................
- Shashikant Shripad Pandit v/s Kaustubh Subhash Pandit 2020 Mh.L.J.302.
- Smt. Sheela Rameshrao Deshmukh v/s Amartya Surendra Deshmukh 2020 (2) All.M.R. 497.
- Arshoor Singh v/s Harpal Kaur & Ors 2019 SAR 809= 2019 Mh.L.J.Online (S.C.) 15=2019 ALL SCR 1982.
- Suman Vishnu Pathak v/s Usha Prabhakar Koparkar 2013(7) ALL.M.R.419 = 2013(2) Mh.L.J.268.
- Sarojani Chandrakant Tirhekar v/s Yamunabai Sopan Zol 2007(4) Mh.L.J.830 = 2007(3) All.M.R.428.
- Harinhar Choube vs Govind Choube 2010(4) Mh.L.J.524.
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