What is Property?

The word “property.” is taken from the Latin word “propertietat” and its French equivalent “proprious,” which denotes ownership of an object. Property is divided and classified in many ways. Mitakshara and Dayabhaga were the two main schools before the adoption of Hindu law. The properties are separated into two groups by Mitakshara School: blocked property and unobstructed property. Furthermore, the property is split into two halves under Hindu law: separate property and joint family property, following the adoption of Hindu law and the closure of both primary schools.

Key Takeaways

  • Article 220 of Hindu law divides property into two categories; i.e., joint property and separate property.
  • Joint family property is also referred to as coparcenary property.
  • Joint family property is made up of the following: ancestral property, assets that the joint family members have collectively acquired, member’s distinct property “thrown into the common stock” and assets obtained by all or any coparcener using monies contributed to the joint family account.
  • Hindu Succession Act, 2005, Indian Succession Act, 1925, Transfer of Property Act, 1882, and the Registration Act, 1908 play an important role to cover the ambit of property.

Table of Content

  • Types of Property
  • 1. Joint Family Property
  • 2. Self Acquired Property
  • Conclusion
  • Joint Family Property and Separate Property — FAQs

Concept of Property: Joint Family Property & Separate Property

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What is Property?

The word “property.” is taken from the Latin word “propertietat” and its French equivalent “proprious,” which denotes ownership of an object. Property is divided and classified in many ways. Mitakshara and Dayabhaga were the two main schools before the adoption of Hindu law. The properties are separated into two groups by Mitakshara School: blocked property and unobstructed property. Furthermore, the property is split into two halves under Hindu law: separate property and joint family property, following the adoption of Hindu law and the closure of both primary schools....

Types of Property

There are mainly two kinds of property, such as:...

1. Joint Family Property

Joint family property refers to the assets acquired by a family using their combined finances. This property caters to the needs of the entire family. When the head of the family, usually the male member, uses money obtained from selling something jointly owned by all family members, the property he purchases with it becomes joint family property. This means that the property belongs to the entire family collectively....

2. Self Acquired Property

The term “separate” here indicates that the property was once collectively owned by the family but has since been divided and is now owned individually....

Conclusion

In conclusion, property, derived from the Latin “proprietat” and French “proprious,” embodies the concept of ownership. Under Hindu law, it is categorized into joint family property and self-acquired property. Joint family property, comprising ancestral assets and contributions from family members, serves the collective needs of the family. In contrast, self-acquired property, attained through individual effort, grants exclusive ownership rights to the acquirer. Both forms of property are crucially governed by various legal frameworks, such as the Hindu Succession Act, Indian Succession Act, Transfer of Property Act, and Registration Act. Understanding the distinction between these types of property is essential for navigating legal and inheritance matters within familial contexts....

Joint Family Property and Separate Property — FAQs

What is “property”?...