What Is Apratibandha Daya In Family Law?

When taken in its true sense, the property has a far wider meaning. It includes intangible rights, which are regarded as a source of wealth or income, in addition to money and other material possessions. The right to possess property to the exclusion of others, as well as the freedom to enjoy and lose things as you please, so long as you don’t use them in a way that’s against the law.

The air and the sea are immutable, and while one may value them, no one has exclusive authority over them. No one but the owner, who has this exclusive right, can claim the right to use something or to stop the owner from disposing of it however they see fit when it is entirely ours or when everyone else is forbidden from tampering with it or from being near it.

The reason for this is that property, which is defined as an exclusive right to things, actually includes a right to a variety of things, which can be used in a variety of ways, such as trading them in for other items, giving them away to someone else without asking for anything in return, or even discarding them.

Property Classification

Classification of Property: Property is categorized into various forms that go by different names, and each type of property has its traits, attributes, and methods of operation. Article 220 of Hindu Law divides property into two categories: 

(1) Hindu family property held jointly and

 (2) Independent Property.

 Coparcenary property, sometimes referred to as joint-family property, is made up of the following: 

(a) Ancestral property and 

(b) Assets that the Joint family members have collectively acquired. 

(c) A member’s distinct property “thrown into the common stock.” 

(d) Assets obtained by all or any coparcener using funds contributed to the joint family  account.

Property is divided and classified in many ways.  Mitakshara and Dayabhaga were the two main schools before the adoption of Hindu law.  The properties are separated into two categories by Mitakshara School: obstructed property and unobstructed property. Furthermore, the property is split into two sections under Hindu law: Separate Property and Joint Family Property, following the adoption of Hindu law and the closure of both primary schools.

Unhindered real estate

Unobstructed property is the property that a person secures and is interested in by birth. It is referred to as unobstructed because the owner’s presence does not prevent the accrual of the right to it. In light of this, a Hindu’s property that he inherited from his father, grandfather, and great-grandfather is an unrestricted heritage about his claim male issues, i.e., his sons and son’s offspring. These rights result from their birth into the family, and the male heirs who inherit the property are known as coparceners. Thus, there is no barrier preventing the last male owner from possessing the hereditary property.

Example:

‘A’ received some possessions from his father. M and N, who are coparceners with A, have two children born to them. By birth, M and N will acquire an interest in A’s hereditary property. As a result, A’s property is an unhindered legacy because his father’s presence does not prevent his children from obtaining an interest by birth within the property.

It is evident that the Mitakshara School recognizes the difference between obstructed and unobstructed property, and the Dayabhaga School holds that all properties should be classified as obstructed property since no one can inherit a property immediately upon birth or have an interest in another person’s property by birth. This distinction between obstructed and unobstructed property is made by the schools’ divergent points of view.

The Indians have significant concerns and issues with property-related issues. The government has established numerous regulatory bodies to oversee the issue of property and the classification of property under Hindu law and the Hindu Success Act 1956, and numerous rules and amendments have been made to reduce the number of disputes about property matters.

Property or land disputes are not a new type of conflict or disagreement that this generation is experiencing. Although it has existed since the beginning of time, there were no legal provisions in place to control conflicts of property.

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