You can get a property either as an inheritance from your ancestors or acquire it with your funds and resources. What makes a property self-acquired, and what is the doctrine of blending?
In a recent judgement, the Supreme Court of India passed a judgement in a property dispute going on for the last 31 years between a father and his children. It was because the father had sold a property he purchased from his elder brother, who inherited it from their father. After years of legal fight, when the case reached the apex court, it held that the property should be considered self-acquired, requiring no consent from anyone before selling it. You can read the details here. The court also rejected the doctrine of blending argument under the Hindu Joint family law in this case and said that the doctrine was erroneously applied by the High Court.
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What Is The Doctrine Of Blending?
In a Hindu Joint family, when a coparcener merges his self-acquired property with the ancestral property and ceases to have a separate right over it, it is called the doctrine of blending. After the merger, such property becomes part of the ancestral property over which all coparceners will have a right.
Who Is Considered A Coparcener?
A coparcener, as a member of the Hindu Undivided Family (HUF), has a right to ancestral property by birth. Under Hindu law, members of a HUF are referred to as coparceners and they have legal rights to their ancestral property.
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Until 2005 before the amendment of the Hindu Succession (Amendment) Act, 2005, daughters were considered only the members of the HUF, not the coparceners, thus they had no right over the ancestral property. However, since this amendment, they are also considered coparceners similar to sons.
When Does The Doctrine Come To Use?
The doctrine of blending comes to use in the case of the transfer of a self-acquired property to the joint family property. It applies when a person intentionally wants to give up the right over a self-acquired property and blend it with the ancestral property.
Note that a property can be given to another person through either ancestry or transfer. So, there are two types of properties: Ancestral and Self-acquired.
· Ancestral property is what a person receives in inheritance from previous generations.
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· A self-acquired property is what a person acquires during one’s lifetime with their own funds and resources or has received through a Will or as a gift.
Can A Self-Acquired Property Become Ancestral Property And Vice-Versa?
Under certain circumstances it is possible. For instance, when a person who self-acquired a property dies intestate, the legal heirs of such person inherit the property. For them, it becomes ancestral property.
Similarly, an ancestral property is considered self-acquired when legal heirs execute a partition deed, a legal document, and divide the property. They become owners of their share. That share is considered their self-acquired property.
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CA Anand Bathiya, President, the Bombay Chartered Accountants’ Society (BCAS) explains, “Partition deeds serve as a crucial legal mechanism for converting the ancestral property into self-acquired property. When properly executed and registered as per the requirements of the Registration Act, 1908, a partition deed transforms joint ownership into separate ownership, allowing individuals complete freedom to deal with their allotted shares.”
Regarding the doctrine of blending, he explains, “The doctrine of blending represents a unique concept in Hindu law that allows conversion in the opposite direction—from self-acquired to joint family property. However, this doctrine applies only to male coparceners and requires a clear and unequivocal intention to abandon separate rights in favour of the joint family.”
What Are The Conditions For Applying The Doctrine Of Blending?
Bathiya lays down the conditions that make the doctrine valid.
· The coparcenery should mandatorily be pre-existing before transferring one’s self-acquired property.
· The person seeking to blend must possess separate self-acquired property.
· Such blending must be done voluntarily and deliberately and not due to the operation of law
· There must be an unambiguous intent to abandon separate rights in the property and convert it into joint family property.
Though the doctrine exists, it may not have many takers.
Bhatia opines, “The doctrine of blending and other legal concepts continue to evolve through legislative amendments and judicial interpretations, reflecting changing social values while maintaining certain traditional principles of Hindu personal law. Understanding these nuances is essential for legal practitioners, property owners, and potential heirs to effectively navigate property rights and succession under Hindu law.”
While our judicial system is burdened with crores of pending cases, property disputes continue for years if not decades. Considering this, it is prudent to understand the law of the land, create a succession plan, and write a Will.
