Thursday, September 24, 2020

.. Blending.....

Blending.......... ........ Joint Family Property
                                    

- Principle of Blending in respect of joint family property basic requirement.

- Basically existence of  coparcenary property is essential for blending of a coparcener's separate property with the coparcenary property. If there is no coparcenary property then there can be obviously no blending or throwing of self acquired property into the common stock.

 - Existence of coparcenary ,coparcenary property and separate property  is basic requirement for blending

- Property which was originally the Separate or Self - acquired property of a member (coparcener) of a joint family may by operation of the doctrine of blending become joint family property, if it has been voluntarily thrown by him into common stock with the intention of abandoning all separate claims upon it.

- A clear intention to waive his separate rights must be established.

- Blending will neither be inferred from the mere fact of his allowing the other members of the family to use it conjointly with himself nor from the fact that the income of the separate property was used to support a son or from the mere failure of a member to keep separate accounts of his earning.

- Blending principle does not to female who is not coparcener.

- A clear intention of blending is required.

====== Relevant Provision ======

 - Un codified Hindu Law ... Principle of Blending.

--------- Relevant Judgement -------------

- D.S.Lakshmaiah and And v/s Balasubramanyam and And A.I.R 2003 S.C.3800  = 2003 SAR 817.

- Venkata Reddy v/s Laksh mama A.I.R. 1963 S.C.1601.

- KV Narayan v/s Ranganadhan A.I.R.1976 S.C.1715.


- Subramania Reddy v/s Venkatsubba Reddy A.I.R 1999 S.C.1116.

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