History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.1124

v4.c63.1124

A person while he is a member of a joint Hindu family under the Mit. and has an interest in joint family property may have separate property of his own acquired in various ways. The different sources of ownership have been already mentioned above (pp. 317 and 548). The different kinds of separate property are mainly these: (1) property taken as obstructed heritage, that is, property inherited from any person other than the father, father's father or father's father's father (such as a brother, uncle etc.)¹⁰⁸⁵; (2) a gift of a small portion of ancestral movable property made through affection by the father to his issue (smṛti quoted by Mit.)¹⁰⁸⁶; (3) gift or bequest of separate property made by the father¹⁰⁸⁷ to his sons; (4) gifts and bequests made by other relations and friends and gifts at the time of marriage; (5) ancestral property lost to the family and recovered from a stranger by a member of a joint family with his own efforts without assistance from joint family property; (6) separate earnings and gains of learning or science (*vidyādhana*). A few remarks will be made on some of these in the sequel.