WORDS AND PHRASES.docx

WORDS AND PHRASES

Necessary or Proper Party - Meaning of.  A necessary party is one without whom no order can be effectively made. A proper party is party is one whose presence is necessary for a complete and final decision of question involved in the proceedings. Therefore, the addition of parties,  thus, would depend upon the judicial direction which has to be exercised in view of the facts and circumstances of a particular case.

Ancestral property: Their Lordships' have abstracted the following statement from the well  nown treatise !ulla's "rinciples of #indu Law $%&th d. At page ()*+

-if A inherits inherits property, whether whether movable or immovable, from his father or father's father, father's father's father, it is ancestral property as regards his male issue.-

The share which a coparcener obtains on partition of ancestral property is ancestral property as regards his male issue. They tae an interest in it by birth, whether they are in exist ence at the time of partition or are born subsequently. uch share, however, is ancestral property only as regards his male issue. As regards other relations, it is separate property and if the coparcener dies without leaving male issue, it passes to his heirs by succession.

Separate Property: . Paragraph 230 of Sir Dinshaw Mullah's Hindu Law, 13th Edn. enuerates the following as separate propert!"## "Property acquired in any of the following ways is the separate property of the acquirer; it i s called 'selfacquired' property, and is subject to the incidents entioned in paragraph !!!-#$ %bstructed heritage--Property inherited as obstructed heritage sapratibandha daya$, that is, property inherited by a &indu fro a person other than his father, father's father, or father's father's father. !$ ift--( gift of sall portion of ancestral o)eable ade through affection by a father to his ale issue is his separate property. *$ o)ernent grant--Property granted by o)ernent to a eber of a joint faily is the separate property of the donee, unless it appears fro the grant that it was intended for the benefit of the faily. +$ Property lost to faily--(ncestral property lost to the faily, and reco)ered by a eber without the assistance of joint faily property. $ ncoe of separate property--he incoe of separate property, and purchases ade with such incoe. /$ Share on partition--Property obtained as his share on partition by a coparcener who has no ale issue. 0$ Property held by sole sur)i)ing coparceners--Property held by a sole sur)i)ing coparcener, when there is no widow in e1istence who has power to adopt. 2$ Separate earnings--Separate earnings of a eber of the joint faily. 3$ ains of learning--(ll acquisitions ade by eans of learning are now declared by the &indu ains of 4earning (ct, #3*5, to be the separate property of the acquirer."

$here %an &e no diffi %ult! in understanding ites 1 to , ( and ). *learl! &! no stret%h of iagination %an the! &e %alled %opar%enar! propert! or  +oint fail! propert! whi%h will go &! suriorship on the death of the holder of the propert!. -hat is iportant is ite  whi%h deals with the propert! o&tained &! a diided %opar%ener on partition. /f that diided %opar%ener has a ale iss ue, the propert! will &e%oe an%estral propert!   with referen%e to su%h ale issue. n the other hand, if he has no ale issue, against all the other diided %opar%eners the propert! will %ontinue to  &e onl! separate propert! to whi%h the prin%iple of inheritan%e alone will appl! and not suriorship. /n iew of this alone, the rule has &een enun%iated in the following ters in su&#paragraph  of paragraph 223 of Mullah's Hindu Law of the sae edition## $he share whi%h a %opar%ener o&tains on partition of an%estral propert! is an%estral propert! as regards his ale issue . $he! tae an interest in it &! &irth, whether the! are in e4isten%e at the tie of partition or are &orn su&se5uentl!. Su%h share, howe er, is an%estral propert! onl! as regards his ale issu e. 6s regards other relations, it is separate propert!, and if the %opar%ener dies without leaing ale issue, it passes to his heirs &! su%%ession.