Shri Ganpati Jurists Learning and Awareness:
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LEGAL LEARNING | HINDU LAW – ANCESTRAL VS SELF-ACQUIRED PROPERTY
Topic: Effect of Partition on Joint Family Property and Self-Acquisition
Key Legal Takeaways:
Once partition is effected in a Hindu joint family, the share allotted to a co-parcener becomes his self-acquired property.
The co-parcener can freely sell, transfer, or bequeath his share without the consent of other family members.
No presumption exists that a property is joint just because the family is joint. The burden lies on the person claiming joint status to prove existence of a joint family nucleus.
Doctrine of blending does not apply unless there is clear, voluntary abandonment of separate rights with intention to merge property into the joint family pool.
Use of separate property for family benefit, or allowing joint use, does not convert it into joint family property.
Decision Summary:
The Supreme Court held that a co-parcener who purchased his brother’s share post-partition using his own income or loan, had absolute ownership.
The sale of such property was held valid, as it was self-acquired and not ancestral in nature.
Judicial Principle:
“After partition, each party gets a distinct and separate share which becomes their self-acquired property.”
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