Obstructed and Unobstructed Heritage: The Mitakshara School divides property into two classes, viz.: […]
In cases where a suit is filed by a Hindu to recover certain property, on the ground that it is his self-acquired property, and the defendant contends that it is joint family property, the question arises as to on whom the burden of proof rests. The same question also arises where a suit is brought by a Hindu for partition [...]
The seven main points of distinction between coparcenary property and separate property may be laid down as follows: 1. Devolution: On the death of a coparcener, his undivided interest in the joint family property devolves by survivorship, and not by succession, (subject to the provisions of Sections 6 and 30 of the Hindu Succession Act, 1956). Image Source: wearesme.co.uk [...]