The answer to your question may depend on the facts and circumstances of the case, as well as the laws of the state or country where the property is located. However, in general, the self-acquired property of the father (acquired by partition deed of ancestral property) may not be the joint family property of the son and father, unless the father voluntarily throws it into the common stock of the joint family with the intention of abandoning his separate claim therein.
According to Hindu law, a joint family property is the property that is acquired by the members of the joint family by their joint labor or by inheritance from their ancestors. It amounts to the joint property of the whole family and is not specific to one person. A coparcener is a person who has a birthright in the joint family property and can demand a partition of it.
A self-acquired property or separate property is any property that is not a joint family property. It can be a property that was once a joint family property but has been severed and made separate by a partition deed or any other legal instrument. It can also be a property that has been earned by the personal efforts or education of one of the coparceners. A self-acquired property belongs exclusively to the owner and he or she can dispose of it as he or she wishes.
However, there is an exception to this rule, which is known as the doctrine of blending. This doctrine states that a coparcener can impress his self-acquired property with the character of joint family property if he voluntarily throws it into the common stock of the joint family with the intention of abandoning his separate claim therein. This intention can be expressed or implied by his words or conduct. For example, if he treats his self-acquired property as part of the joint family property for all purposes, such as paying taxes, maintaining accounts, making improvements, etc., then it may be inferred that he has blended his self-acquired property with the joint family property.
Therefore, in your case, if the father has acquired a self-acquired property by a partition deed of ancestral property, then it may not be considered as a joint family property of the son and father, unless he has clearly shown his intention to waive his separate rights and merge it with the joint family property. This intention has to be proved by clear and cogent evidence.
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Can the self-acquired property of the father (acquired by partition deed of ancestral property) be the joint family property of the son and father?
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2023-09-20T08:59:00+00:00 2023-09-20T10:02:42+00:00Comment
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