Useful notes on Unobstructed heritage and Obstructed heritage

Unobstructed heritage (i.e., Apratibandha daya):

Ancestral property is unobstructed heritage. The essential feature of unobstructed heritage, according to Mitakshara Law is that the sons, grandsons and great grandsons acquire an inherit in the property inherited by birth. Their rights attach to it by their birth. The property is called unobstructed because the accrual of the right to it is not obstructed by the existence of the owner.

Thus, if A inherits property from his father or grandfather or great grand­father it is ancestral property or unobstructed heritage in the hands of A as regards the male issue because the existence of A an obstruction to his son acquiring an interest but as regards other relations he hold it as his absolute property. If A has not male issue, other relation has no interest in the property during the life-time of A.

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Unobstructed heritage devolves by survivorship.

Obstructed heritage (I.e. Apratibandha dara):

Property inherited by a Hindu from a person other than his father, grandfa­ther or great grandfather is obstructed heritage. It is called ob­structed because the accrual of the rights to it is obstructed by the existence of the owner.

The owner holds it as his separate and absolute property. The relations of the owner do not take a vested interest in it by birth. They are entitled to it only on the death of the owner. Thus the property which devolves on parents, brothers, uncles, nephews, etc. on the death of the last owner is obstructed heritage.

Obstructed heritage devolves by succession except in the fol­lowing cases in which it passes by survivorship.

1. Two or more sons, grandsons and great grandsons suc­ceeding as heirs to the separate property of their paternal ancestor take as joint tenants with rights or survivorship.

2. Two or more grandsons by a daughter who are living as members of a joint family succeeding as heirs to their maternal grandfather take as joint tenants with rights of survivorship.

3. Two or more widows succeeding as heirs to their husband take as joint tenants with survivorship rights.

4. Two or more daughters succeeding as heirs to their father take as joint, tenants. But in the Bombay State, they take absolute estate in severalty.

The Mitakshara Law recognizes the distinction between ob­structed and unobstructed heritage, but under Dayabhaga Law. Every kind of heritage is obstructed and it does not recognize any such distinction because according to Bengal School no person at all acquires any interest by birth in the property of another and the rule of survivorship does not apply to this school.

Example of obstructed heritage:

A inherits certain property from his brother. A has a son B. The property is obstructed in the life time of A. B does not take any interest in it during the life time of A. After A’s death B will take it as A’s heir by succes­sion. The existence of A is an obstruction to the accrual of any right in the property to B.