Separate Property - Definition - Law Dictionary Home Dictionary Definition separate-property

Definition :

Separate property, a property obtained by the sole surviving coparcener in a family does not become his 'separate property' so long as there is a woman in the family who can bring into existence a new coparcener by adoption. Property held by a person as a sole surviving coparcener of a joint Hindu family is not his 'separate property' within the meaning of s. 3(1) of the (English) Hindu Women's Right to Property Act, 1937, Manohar Lal Ganeriwalla v. Bhuri Bai, AIR 1972 SC 1369 (1371): (1973) 3 SCC 432. See also AIR 1958 All 769 (772).

Means in a community-property State property, that a spouse owned before marriage or acquired during marriage by inheritance or by gift from a third party, or property acquired during marriage but after the spouses have entered into a separation agreement and have been living apart. Also called individual property, Black's Law Dictionary, 7th Edn., p. 1369.

Means only self-acquired property of the coparcener and not the property which he has got on separation as coparcener at the partition of the joint family property, P.N. Ventakasubramania v. Eswara Iyear, AIR 1966 Mad 266.