Impartible Property

Impartible property is property that, by custom or grant, is held by a single member of the family (usually the eldest) and is not subject to physical division. While it resembles a Joint Hindu Family property in its origin, its nature is unique.

1. Right to Maintenance out of Impartible Property

The right to maintenance from impartible property is much more restricted than in ordinary joint family property.

• General Rule: No member of the joint family has an inherent right to maintenance out of impartible property simply by virtue of being a member.

• Exceptions (Entitled Persons): Only specific individuals can claim maintenance based on established custom or statutory provisions:

  • Sons of the Holder: Younger sons (and sometimes their descendants) are often entitled to maintenance by custom.

  • Widow of the Holder: The widow of a previous holder is entitled to maintenance.

  • Unmarried Daughters: They have a right to maintenance and marriage expenses.

• The "Necessity" Clause: In some cases, the right to maintenance must be proved by a specific custom of the family or the terms of the grant that created the impartible estate.

2. Rule of Devolution of Impartible Property

Despite being held by a single person, the property still retains the character of joint family property for the purpose of succession. The devolution is governed by the rule of Primogeniture combined with Survivorship.

• Lineal Primogeniture: The property descends to the eldest male member of the senior-most line.

• The Principle of Survivorship: Even though the property is impartible, the right to succeed is determined by the rules of survivorship. This means that when the holder dies, the person who would have been entitled to the property by survivorship (had the property been partible) will take the estate.

• The "Right to Reach": The person succeeding must be a member of the coparcenary who has not renounced their interest in the estate.

Summary of Differences

Feature	Ordinary Joint Property	Impartible Property
Partition	Any coparcener can demand it.	No right to demand partition.
Possession	Joint possession by all.	Held by the Karta/Holder alone.
Maintenance	All members are entitled.	Restricted to specific members by custom.
Devolution	Surviving coparceners equally.	Eldest male (Primogeniture).