Incidents of Separate Property

The crux of the paper is a concept of joint family system which devolves around the properties owned together by the entire family. Separate property is something that a coparcener owns exclusively. The coparcener plays a pivotal role in the division of the property or keeping it together. Joint family property is also called ancestral and coparcenary property. The legal provision for the division of the property is based on the Hindu Succession Act of 1956. The criteria for distribution of the property are based on Dayabhaga and Mitakshara school of law, which are distinct. The criteria for the separate/self-acquired property are highlighted and is well laid down in the paper. In the present scenario, the coparcener has become individualistic/ self-centered by acquiring property by many ways and means like education, knowledge or skills or competence without the support of other embers. Separate property is something that is exclusively available only to the coparcener and no other members’ interest is associated with it. The differences, benefits and disadvantages between the separate and joint property are elucidated in the study. The case laws have been studied and how different the rights are between the self- acquired and joint property is has been highlighted. The judgments are explained in the report. The partition of property between the coparceners is a soft issue which could be amicably and acceptingly done by mutual agreements. The incidents of separate property and how a property becomes a separate property is explained.