Difference between joint Hindu family property and self acquired property

1. Self-acquired property may be treated as a subject-matter under a will. Coparcenary property

could not be the subject-matter of a will for it was subject to the rule of survivorship.
2. Self-acquired property is alienable without any restriction but coparcenary property is not
thus freely alienable.
3. All the coparceners have community of interest and unity of possession in the joint family or
coparcenary property. On the other hand, the separate or self-acquired property of a Hindu
belongs to him only (owner property).
4. The children, grandchildren and great-grandchildren of the coparcener acquire an interest in
the coparcenary property by birth. But, on other hand coparcener (not even his own son)
acquires any interest by birth, in the separate property of a Hindu.
5. no coparcener could dispose of by will in the coparcenary property whereas separate property
could be freely disposed of by will.
6. A joint family or coparcenary property is liable to be partitioned, whereas there can be no
question of partitioning the separate property.

Concept of Coparcenary

Formation of Mitakshara coparcenary - A single person cannot form a coparcenary. There should be
at least two male members to constitute it. Like a hindu joint family, the presence of a seniormost
male member is a must to start a coparcenary. A minimum of two members are required to start and
to continue a coparcenary. Moreover, the relation of father and son is essential for starting a
coparcenary.

RIGHTS OF COPARCENER (Hindu succession)

The following are the rights of a coparcener:

1. He gets a right in ancestral property by birth.

2. Right to survivorship.
3. Joint possession and ownership of property.
4. Right to claim for partition of property.
5. Right to become KARTA (head of family who takes all the decisions).
6. Right to acquire a separate property.
7. Right to alienate.
 Women property

For long, women were not supposed to have as much share in property as men had. Property rights
of women in India remained largely an ignored by the society. Till about twelve years ago –
specifically, year 2005 -women has no rights in property. In September 2005, the courts declared
that Indian women would have a right to a share in property just like a man of the family.Women's
property rights are property and inheritance rights enjoyed by women at any point of time.

Definition of Will under Hindu law

A Will is a written document by which a dead man entrusts to the living to the carrying out of his
wishes. Sec.2(h) of Indian Succession Act, 1925 provides that Will means the legal declaration of
the intention of a person with respect to his property, which he desires to take effect after his death.
A ‘Will’ is the legal declaration of a man’s intention, which he wills to be performed after his death,
or an instrument by which a person makes a disposition of his property to take effect after his
death. A Will can be made at any time in the life of a person. A Will can be changed a number of
times and there are no legal restrictions as to the number of times it can be changed. It can be
withdrawn at anytime during the lifetime of the person making the Will. A Will has to be attested by
two or more witnesses.

Essential Features of a Will under Hindu law

1. The document must be legal.
2. A Will has to be attested by two or more witnesses.
3. The Will is enforceable only after the death of the testator(person/owner of the property).
4. The person should be sound mind.
5. The person is not a minor.
6. A Will may be made in any form and in any language.
7. The will cannot be challenged.

Codicil

Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is
deemed to be a part of the Will. The purpose of codicil is to make some small changes in the Will, which has
already been executed. If the testator wants to change the names of the executors by adding some other
names, or wants to change certain things by adding to the names or subtracting some of them. The codicil
must be in writing and it has to be signed by the testator and attested by two witnesses. It is also the duty of
the court to arrive at the intention of the testator by reading the Will and all the codicils.

Gift under Hindu Law

"Gift" is the transfer of certain existing moveable or immoveable property made voluntarily, by one person,
called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such acceptance
must be made during the lifetime of the donor and while he is still capable of giving. the term "gift" as used In
the Transfer of Property Act. The term “gift” is also known as a “Hiba”.
 Doctrine of Cy-pres

The cy-près doctrine is a legal doctrine that first arose in courts of equity. Cy-pres is The French
word which means "so near/close" and can be translated as "as near as possible" or "as near as may
be". The doctrine originated in the law of charitable trusts. Cy Pres represents a legal concept that
gives courts the power to interpret the terms of a will or gift.

What is an 'Endowment'
An endowment is a financial asset, in the form of a donation made to a non-profit group, institution
or individual consisting of investment funds or other property that may or may not have a stated
purpose at the bequest of the donor. Most endowments are designed to keep the principal amount
intact while using the investment income from dividends for charitable efforts.

Essentials of a Valid Endowment

Essential of a valid endowments are
1. The dedication must be complete,
2. The subject matter must be specific,
3. The object must be definite,
4. The settler must have the capacity to make the endowment.
5. The trust must not violate any law of the country.
6. Endowment must not be opposed to the Law.
7. Property should Be Definite.