Joint Family Property and Separate Property — FAQs
What is “property”?
Property denotes a collection of rights over an object. Such rights can include prohibiting anybody else from interfering with his enjoyment of that object, however their exact boundaries are negotiable.
What is Transfer of property?
In response, a living individual transfers property when he gives it to another individual, or even to himself, either now or in the future. Companies or any other type of grouping of people can also be considered living beings.
Who can inherit joint property?
Joint family property does not transfer through a will, in contrast to separate property. Rather, surviving coparceners get the dead coparcener’s share through survivorship.
Who can inherit separate property?
Wills or inheritance rules that apply to separate property can be used to dispose of separate property.
Who decides on the sale of joint family property?
Generally speaking, selling joint family property requires the approval of all coparceners. There may, however, be exceptions in certain situations.
Can a daughter be a coparcener?
Yes, since the Hindu Succession Act of 2005, daughters have equal coparcenary rights as sons in ancestral property.
Reference:
- Legal Studies, Class XI- NCERT
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