Under Hindu law, there are two types of property: ancestral property and self-acquired property. Ancestral property refers to property that has been inherited from ancestors and has passed down through generations. Self-acquired property, on the other hand, is the property that a person has acquired through their own efforts and resources.
When it comes to the division of property in a divorce, ancestral property is treated differently from self-acquired property.
- Ancestral Property:
Ancestral property is not subject to division in a divorce. It is governed by the principles of ancestral succession, which means it passes down to the next generation without being divided. This means that both spouses, regardless of their contributions, do not have a claim to the ancestral property in a divorce. The property will continue to be held by the joint family and will pass on to the next generation. - Self-acquired Property:
Self-acquired property refers to the property that has been acquired by a spouse through their own efforts and resources. In the case of self-acquired property, the division depends on various factors such as the length of the marriage, the financial contributions of both spouses, and the needs of the parties involved.
In general, if the self-acquired property has been acquired by one spouse before the marriage or after the separation, it is considered separate and is not subject to division in a divorce.
However, if the self-acquired property has been acquired during the marriage, it may be subject to division. In such cases, the court takes into consideration several factors, including:
a. Financial contributions: The court will consider the financial contributions made by both spouses during the marriage. This includes direct contributions like income, investments, and assets, as well as indirect contributions like managing the household and raising children.
b. Non-financial contributions: The court also takes into account the non-financial contributions of the spouses, such as homemaking, childcare, and support in the spouse’s professional or business endeavors.
c. Needs of the parties: The court considers the financial and other needs of both parties, including their earning capacity, standard of living, age, health, and any other relevant factors.
Based on these factors, the court may order a fair and equitable division of the self-acquired property. The division may involve giving a share or a monetary settlement to the non-owning spouse.
It’s important to note that the division of property in a divorce is a complex legal process, and the specific outcome can vary depending on the facts and circumstances of each case. It is advisable to consult with a qualified family law attorney to understand the specific laws and procedures applicable in your jurisdiction.