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"Doctrine of Blending and the Characterization of Property Under Hindu Law: An Analysis of the Supreme Court's Decision."
Authors
Mrs. Harshada Rajput
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Keywords
Joint Hindu family, property, ancestral property, self-acquired property, Hindu Succession.
Abstract
"Doctrine of Blending and the Characterization of Property Under Hindu Law: An Analysis of the Supreme Court's Decision."
Abstract
In Hindu law, the doctrine of blending refers to an intentional positive act by which the owner of self-acquired property intends that it be treated as joint family property. For such an intention, the owner must abandon all personal claims over such property and make it open to the family members. This doctrine has now found its way through the interpretation given by the Supreme Court in Angadi Chandranna v. Shankar & Ors. (2025 INSC 532) in answering conflicts that arise on the nature of property in a joint Hindu family.
The dispute in this case was founded on the argument that the property now in issue had been purchased by the father after partition and hence it was ancestral. They contended that the same had been acquired by use of joint family funds and was therefore subsumed within coparcenary rights. The Supreme Court dismissed these submissions, saying that it was self acquired because no evidence was forthcoming to show a joint family nucleus in regard to the property or the father's intention to blend the property into the pot. The Court further criticized the High Court for going beyond its jurisdiction under Section 100 of the Code of Civil Procedure in reappreciating evidence without a substantial question of law.
This paper explores the implications of the Supreme Court judgment concerning the doctrine of blending, standards of evidence for ancestral property, and the limitations of appeal. It finds the Court's focus on intention and evidences in characterizing property providing the contours of a continually evolving Hindu property law and its intersection with the procedural safeguards.
Keywords- Joint Hindu family, property, ancestral property, self-acquired property, Hindu Succession.
IJCRT's Publication Details
Unique Identification Number - IJCRT25A5171
Paper ID - 285228
Author type - Indian Author
Page Number(s) - k246-k252
Pubished in - Volume 13 | Issue 5 | May 2025
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No Of Downloads - 135
Author Country - India, 400092, Mumbai, Mumbai, 400092, Medical Science All
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Mrs. Harshada Rajput, ""Doctrine of Blending and the Characterization of Property Under Hindu Law: An Analysis of the Supreme Court's Decision."", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.13, Issue 5, pp.k246-k252, May 2025, Available at :http://www.ijcrt.org/papers/IJCRT25A5171.pdf
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