The blog presents the basic theory of property, succession & inheritance that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other Competitive Exams.
Q1. What do you mean by property and what are the types ?
Ans. The term “property” is derived from the Latin term “propertietat” and the French equivalent “proprious” which means a thing owned. The two types of property are :
- Joint family property
- Self-acquired property
Q2. What do you mean by Joint Family Property ?
Ans. The property acquired by joint funds of the family is called as joint family property. All needs of the family are fulfilled from such a property.
Q3. What do you mean by Self-acquired Property ?
Ans. The property acquired by self-exertion or labour is called a self-acquired property. Such a property includes property by one’s own learning.
Q4. What do you mean by “learning” as per Gains of Learning Act, 1930 ?
Ans. Learning as per the Gains of Learning Act, 1930 is defined as, education whether elementary, technical, scientific and special or general.
Q5. What do you mean by “training” as per Gains of Learning Act, 1930 ?
Ans. Training as per the Gains of Learning Act, 1930 is defined as, every kind of training, which is usually intended to enable a person to pursue any trade, industry, profession or vocation in life.
Q6. What do you mean by testamentary succession ?
Ans. A person can make a will only of his /her separate property and is known as testamentary succession, governed by Indian Succession Act, 1925.
Q7. What do you mean by inheritance ?
Ans. Inheritance means the right of an heir by way of succession, i.e. the heir, he/she has the right to succeed to property on the death of an ancestor.
Q8. What do you mean by an intestate property ?
Ans. A property is an intestate property when the owner of that property had died without making a will.
Q9. How does the intestate succession take place in case of a Hindu ?
Ans. When a Hindu dies intestate i.e. without making a will then, both the separate property as well as joint property passes on to his heirs in accordance with the Hindu Succession Act, 1956. A Hindu heir has a birth right in the property.
Q10. How does the intestate succession take place in case of a Muslim ?
Ans. Muslims do not have any codified law for intestate succession and are governed by the rules contained in religious texts. They do not make any distinction between ancestral and self-acquired property. The right of an heir comes into existence on the death of the ancestor.
Q11. What are the laws governing intestate succession in Christians and Parsis ?
Ans. The law governing intestate succession in case of Christians and Parsis is the Indian Succession Act, 1925.