Self-Acquired Property Under Hindu Law
Self-Acquired Property Under Hindu Law
1. Introduction
Under Hindu law, property can be broadly classified into two types:
Ancestral Property – inherited from paternal ancestors.
Self-Acquired Property – acquired by an individual through personal effort or means.
This distinction is crucial, especially in matters of inheritance, partition, and succession.
2. Definition of Self-Acquired Property
Self-acquired property refers to property that a Hindu acquires by his or her own means, without the aid of ancestral property.
It includes:
Property purchased with personal income or savings.
Property obtained through gift (excluding certain inherited gifts).
Property received through a will (bequest).
Property acquired by personal skill, effort, or profession.
Separate property of a woman inherited from her parents or received as streedhan.
3. Legal Position Under Mitakshara School
Under the Mitakshara school, self-acquired property is the absolute property of the acquirer.
Key Features:
Exclusive rights: The owner has full right to sell, gift, will, or dispose of the property without the consent of family or coparceners.
No birthright: Sons or coparceners do not have a birthright in the self-acquired property of the father.
The property does not become ancestral simply because it is owned by a Hindu — it must be inherited from at least three generations to be ancestral.
4. Legal Position Under Dayabhaga School
The Dayabhaga school (prevalent in Bengal and parts of eastern India) does not recognize the concept of birthright in any property during the father's lifetime — whether ancestral or self-acquired.
Hence, the rules about self-acquired property are more or less similar under both schools when it comes to exclusive rights of the owner.
5. Judicial Pronouncements
Indian courts have consistently upheld the distinction between self-acquired and ancestral property.
Key Case Law:
K.V. Narayanaswamy v. K.V. Ranganathan (1976)
Held that income earned by a coparcener from separate employment or profession is self-acquired property.
Yudhishter v. Ashok Kumar (1987)
Supreme Court clarified that property inherited from paternal ancestors becomes ancestral only if undivided for four generations.
6. Conversion of Self-Acquired Property into Ancestral Property
Self-acquired property may become joint family property if the owner intentionally merges it with the joint family estate.
This is known as blending or throwing into the common hotchpot.
Important Note:
The intention to blend must be clear and voluntary.
Once blended, the property loses its self-acquired character.
7. Rights of Daughters and Sons
After the Hindu Succession (Amendment) Act, 2005, daughters are also coparceners and have equal rights in ancestral property.
However, in self-acquired property:
The owner (father or mother) may choose to will it to anyone.
Children do not have an automatic claim unless the owner dies intestate (without a will), in which case it is distributed per the Hindu Succession Act.
8. Succession of Self-Acquired Property
If a Hindu dies intestate:
Class I heirs inherit first (son, daughter, widow, mother, etc.).
If no Class I heirs exist, Class II heirs (father, siblings, etc.) inherit.
If none, property goes to agnates, then cognates, and finally to the government as escheat.
9. Conclusion
Self-acquired property under Hindu law grants full ownership and control to the acquirer. It ensures individual autonomy in property matters and is treated separately from ancestral or joint family property. Proper understanding of its nature is essential for resolving disputes related to inheritance and succession.
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