The hindu gain of education act 1930
surjit singh
(Querist) 10 August 2013
This query is : Resolved
Whether a person can claim a property to be a self acquired property being a member of a HUF under the Hindu gain of learning act 1930. Whether the applicability of this law still exist in the whole of India.
prabhakar singh
(Expert) 10 August 2013
Hindu Gains of Learning Act, 1930 is the name.It is enforce.
s.3. Gains of learning not to be held, not to be separate property of acquirer merely for certain reasons.- Notwithstanding any custom, rule or interpretation of the Hindu Law, no gains of learning shall be held not to be the exclusive and separate property of the acquirer merely by reason of--
(a) his learning having been, in whole or in part, imparted to him by any member, living or deceased, of his family, or
1. Subs. by Act 48 of 1959, s. 3 and Sch. I, for certain words (w. e. f. 1- 2- 1960 ) Extended to and brought into force in Dadra (w. e. f.- 1. 7. 65) by Reg. 6 of 1963, s. 2 and sch I. Extended to the Union territory of pondicherry by Act 26 of 1968, s. 3 and Schedule.
with the aid of the joint funds of his family, or with the aid of the funds of any member thereof, or
(b) himself or his family having, while he was acquiring his learning, been maintained or supported, wholly or in part, by the joint funds of his family, or by the funds of any member thereof.
IS THE PROVISION TO BE LOOKED INTO.
R.K Nanda
(Expert) 10 August 2013
academic query.
surjit singh
(Querist) 10 August 2013
A member of the HUF being a government employee, out of his salary income purchase a plot of land, whether he will get the benefit under the Hindu gain of learning Act, 1930, and term the purchase plot under the act as self acquired property.
It may look to be academic query for Mr RAJENDRA K gOYAL AND DfEVAJYOTI BARMAN, but it is not so.
prabhakar singh
(Expert) 10 August 2013
A murderer can perhaps be saved from conviction but one can not save one who has suicidal plans.
surjit singh
(Querist) 11 August 2013
appreciate your biting comment. thanks.
Raj Kumar Makkad
(Expert) 13 August 2013
An important species of self-acquired property in Hindu Law is what is known as gains of learning or gains of science, also known as vidhyadhana in the ancient texts. The term learning signifies education, whether elementary, technical, scientific, special or general, and training of every kind which is usually intended to enable a person to pursue any trade, industry, profession or a vocation in life. The term gains of learning means all acquisitions of property made substantially by means of learning.
Prior to 1930, income earned by a member of a joint family by the practice of a profession or occupation requiring a special training imparted at the expenses of the joint family property was considered to be joint family property. If, however, such a person had received only ordinary education suited to his position as a member of the joint family, gains made by him without the aid of joint family funds were regarded as the self-acquired property of such member.
After 1930, the position is governed by the Hindu Gains of Learning Act, 1930. This Act has removed the anomalies existing under the previous law, and it is now provided that notwithstanding any custom, rule or interpretation of Hindu Law, gains of learning are to be the exclusive and separate property of the member of the joint family who acquires them, even if—
(a) His learning had been (in whole or in part) imparted to him by any member of his family, or with the aid of the joint funds of the family, or with the aid of funds of any member of the family; or
(b) He himself or his family had, while he was acquiring such learning, been maintained or supported (wholly or in part) by the joint funds of the family, or by the funds of any member of the family.
The above Act came into force on 25th July 1930. It is retrospective in operation, and all gains of learning whether made before or after the said date, constitute the self-acquired property of the person acquiring them.
Moreover, under the said Act, the term “learning” is given a wide meaning to mean all types of education, whether elementary, technical, scientific, special or general, and training of every kind for persuing any trade, industry, profession or avocation in life.
prabhakar singh
(Expert) 13 August 2013
Trantulating for what when very section is quoted.
