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Who is a ‘Hindu’?
The Courts had held that Hindu Law did not apply to the
following, viz;
JOINT FAMILY
COPARCENARY PROPERTY
Classification of Property
CASE LIST
SEPARATE PROPERTY
Incident of separate property
Absolute ownership or rather, ownership exclusive of the
joint family.
Devolution of property by succession.
1. Absolute ownership or ownership exclusive of joint
family- it will be recalled that separate property means
any property of Hindu other than property shared by
his joint family; in other word, separate of male Hindu
is a property which is of his own absolute ownership
as between himself and his family. No member of his
family acquires any interest in such property during
lifetime of owner himself. The separate of a male Hindu
is a obstructed heritage.
The male issues do not acquire by birth alone any
interest in a separate property of a male Hindu
whether the property is moveable or immoveable.
Property inherited by a female is a separate property
and his male issues do not take interest in it by birth.
Said property cannot be subject matter of partition
between him and his sons.
Since the male issue do not acquire any such interest
it has been held that
I. The separate property of Hindu does not ceases to
be separate property simply by birth of a son.
II. It is not liable to partition between him and his
male issue;
19
Moreover, under the said Act, the term learning is given a wide
meaning to mean all types of education whether elementary,
technical, scientific, special or general, and training of every kind
for pursing any trade, industry, profession or avocation in life.
Gokul Chand Vs. Hukum Chand – 1921 PC gains which are not
the result of anything but his own exertions are not joint family
property.