Understanding Joint Family Property vs Ancestral Property in Hindu Succession Law
Explore the distinctions between joint family property and ancestral property in the context of Hindu succession law. Learn about common mistakes related to inherited immovable and movable properties, and the implications of receiving property from a lineal ascendant in an HUF. Delve into the definitions and differences of joint family and ancestral properties, as well as the legal aspects governed by Section 8 of the Hindu Succession Act, 1956 as amended.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
JOINT FAMILY PROPERTY VS ANCESTRAL PROPERTY PRESENTATION FOR THE DEHRADUN BRANCH OF CIRC OF THE ICAI 20THJULY 2019
MISTAKES THAT WE COMMIT IN RESECT OF IMMOVABLE MOVABLE PROPERTY INHERITED FROM OUR ANCESTORS
WHAT WE DO WHEN WE SEE THAT A PERSON HAS RECEIVED PROPERTY ON DEATH OF A LINEAL ASCENDANT WE PROPERTY OF THE HUF SINCE IT HAS BEEN INHERITED FROM A LINEAL ASCENDANT AND IN CASE OF SALE LATER DATE CAPITAL GAIN INCOME OF THE HUF. TEND TO TAKE IT AS A OF TREAT ARISING IT AT A THE AS
DIFFERNTIATE BETWEEN JOINT FAMILY PROPERTY AND ANCESTRAL PROPERTY ALL ARE PROPERTIES FAMILY PROPERTIES ARE NOT ANCESTRAL PROPERTIES ANCESTRAL NOT PROPERTIES JOINT AND ALL FAMILY JOINT
WHAT IS AN ANCESTRAL PROPERTY A PROPERTY THAT HAS BEEN INHERITED BY A PERSON FROM HIS ANCESTOR WHO HAS DIED INTE STATE( THAT IS DIED WITHOUT A WILL) OR BY AN INDIVIDUAL AS PER WILL OR GIFT DEED OF THE DECEASED PERSON
WHAT IS A JOINT FAMILY PROPERTY ANY INHERITED UNDER GIFT. PROPERTY DEATH OF AN ANCESTOR WHO DIES INTE STATE TAKEN AS JOINT PROPERTY ANCESTRAL PROPERTY PERSON DEED ANCESTRAL RECEIVED BY A A WILL NO OR OF ON CAN FAMILY BE
SECTION 8 OF HINDU SUCCESSION ACT,1956 AS AMENDED BY AMENDMENT ACT 2005 8.General males. The intestate shall devolve according to the provisions of this Chapter: (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and(d) lastly, if there is no agnate, then upon the cognates of the deceased. rules property of succession of in the Hindu case of a male dying
SCHEDULE TO SECTION 8 OF HINDU SUCCESSION ACT 1956 HEIRS IN CLASS I AND CLASS II CLASS I-SON; DAUGHTER; WIDOW; MOTHER; SON OF A PRE-DECEASED SON;DAUGHTER OF A PRE- DECEASED SON;SON DAUGHTER; DAUGHTER DAUGHTER; WIDOW OF SON OF A PRE-DECEASED DECEASED SON; DAUGHTER OF A PRE-DECEASED SON OF A PRE-DECEASED SON; WIDOW OF A PRE- DECEASED SON OF A PRE-DECEASED OF A PREDECEASED DAUGHTER DECEASED DAUGHTER; DECEASED DAUGHTER DAUGHTER; DAUGHTER OF A PRE-DECEASED SON OF A PRE-DECEASED DAUGHTER; DAUGHTER OF A PRE-DECEASED DAUGHTER SON]. OF PRE-DECEASED PRE-DECEASED PRE-DECEASED SON OF A OF A A SON; PRE- A SON 1[SON OF A OF A PRE-DECEASED PRE- PRE- DAUGHTER OF A OF A PRE-DECEASED
SCHEDULE TO SECTION 8 OF HINDU SUCCESSION ACT 1956 CLASS II. FATHER.II. (1) SON S DAUGHTER S SON, (2)SON S DAUGHTER S DAUGHTER, (3) BROTHER, (4) SISTER.III. SON S SON, (2) DAUGHTER, DAUGHTER SDAUGHTER SSON, DAUGHTER S DAUGHTER S (1) BROTHER S SON, (2) SISTER S SON, (3) BROTHER S DAUGHTER,(4) DAUGHTER.V. FATHER S FATHER; FATHER S MOTHER. VI. FATHER S WIDOW; BROTHER S WIDOW.VII. FATHER S BROTHER; FATHER S SISTER. VIII. MOTHER S FATHER; MOTHER S MOTHER.IX. MOTHER S MOTHER S SISTER. EXPLANATION. IN THIS SCHEDULE,REFERENCES TO A BROTHER OR SISTER DO NOT INCLUDE REFERENCES TO A BROTHER OR SISTER BY UTERINE BLOOD. (1) DAUGHTER S DAUGHTER S SON S (3) (4) DAUGHTER.IV. SISTER S BROTHER;
MEANING OF COGNATE AND AGNATE AGNATE MEANS A PERSON RELATED TO WHOLLY THROUGH MALES EITHER ADOPTION. THE AGNATIC MALE OR A FEMALE. COGNATE MEANS A PERSON WHOLLY THROUGH MALES. WHERE A PERSON IS RELATED TO THE DECEASED MORE FEMALES, HE OR COGNATE. THUS SON S DAUGHTER, SISTER S MOTHER S BROTHER S SON, ETC. ARE COGNATES, WHEREAS ONE S FATHER S FATHER S BROTHER S SON SON OR FATHER S SON S AGNATES. BY BLOOD OR BY RELATION MAY BE A RELATED NOT THROUGH SHE DAUGHTER S SON OR ONE OR IS CALLED SON DAUGHTER, A OR BROTHER, FATHER S DAUGHTER OR OR SON S ARE
CHART EXPLAINING AGNATE AND COGNATE clip_image002 In the above illustration, F, FF, FM, FFF and FFM are the agnates of A in ascending line. MF is not the agnate. F stands for father and M for mother.
CHART EXPLAINING AGNATE AND COGNATE clip_image006 In the above illustration MF, MFF and MMF are cognates of A. M stand for mother, MM stands for mother s mother and MF stands for mother s father.
CHART EXPLAINING AGNATE AND COGNATE clip_image004 In the above illustration S, D, SS and SD are the agnates of A in descending line. DD and DS are cognates of A in descending line. Here S stands for son and D stands for daughter
SUPREME COURT ON THE ISSUE-CWT ETC VS CHANDER SEN 161 ITR 370(1986) IT IS NECESSARY TO BEAR IN MIND THE PREAMBLE TO THE HINDU SUCCESSION ACT, 1956. THE PREAMBLE STATES THAT IT WAS AN ACT TO AMEND AND CODIFY THE LAW RELATING TO INTESTATE AMONG HINDUS. THE EXPRESS WORDS OF S. 8 OF THE HINDU SUCCESSION ACT, IGNORED AND MUST PREAMBLE TO THE ACT REITERATES THAT THE ACT IS, INTER ALIA, TO "AMEND" THE LAW. WITH THAT EXPRESS LANGUAGE SON'S SON BUT INCLUDED PREDECEASED SON CANNOT BE IGNORED. SUCCESSION 1956, CANNOT PREVAIL. BE THE BACKGROUND, WHICH THE EXCLUDES SON OF A
QUESTIONS BEFORE SUPREME COURT ON THE ISSUE-CWT ETC VS CHANDER SEN 161 ITR 370(1986) T H E Q U E S T I O N H E R E I S W H E T H E R T H E I N C O M E O R A S S E T W H I C H A S O N I N H E R I T S F R OM H I S F A T H E R W H E N S EP A R A T E D B Y A S S E S S E D A S I N C O M E O F TH E H U F O F T H E S O N O R H I S I N D I V I D U A L I N C O M E . T H E R E I S N O D I S P U T E A M O N G T H E C O M M E N T A T O R S O N H I N D U L A W N O R I N T H E D E C I S I O N S O F T H E C O U R T S T H A T , U N D E R T H E H I N D U L A W , A S I T I S T H E S O N W O U L D I N H E R I T T H E S A M E A S K A R T A O F H I S O W N F A M I L Y . B U T T H E Q U E S T I O N I S , W H A T I S T H E E F F E C T O F S U C C ES S I O N A C T , 1 9 5 6 ? T H E H I N D U S U C C E S S I O N A C T , 1 9 5 6 , L A YS DO W N T H E G EN E R A L R U L ES O F S U C C ES S I O N I N T H E C A S E O F M A L E S . TH E F I R S T R UL E I S T H A T T H E P R O P E R T Y O F A M A L E H I ND U D Y I N G I NT E S T A T E S H A L L D E V O L V E A C C O R D I N G T O TH E P R O V I S I ON S O F C H A P TE R I I A N D C L A S S I O F T H E S C H E D U L E P R O V I D E S T H A T I F T H E R E I S A M A L E H E I R O F C L A S S I , T H E N U P O N T H E H E I R S M E N T I O N E D I N C L A S S I O F TH E S C H E D U L E . C L A S S I O F T H E S C H E D U L E P A R T I T I O N S H O U L D B E S . 8 O F T H E H I N D U
