The Hindu Gains of Learning Act, 1930
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, is a Central law that sets a uniform rule on property acquired by a member of a Hindu undivided family through his learning. It says that such gains of learning are the exclusive and separate property of the acquirer, and cannot be treated otherwise merely because the education or support came from family members or joint family funds.
What this law does
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, was enacted to remove doubt about the rights of a member of a Hindu undivided family in property acquired by means of his learning.
In simple terms, the law says that property acquired substantially through a person's learning belongs exclusively to that person. It creates a uniform rule on this point.
Who it affects
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, applies to a member of a Hindu undivided family who acquires gains of learning.
Key defined terms are:
- "acquirer" means a member of a Hindu undivided family who acquires gains of learning.
- "gains of learning" means all acquisitions of property made substantially by means of learning, whether made before or after the commencement of the Act, and whether they are the ordinary or extraordinary result of that learning.
- "learning" includes education and training of every kind, whether elementary, technical, scientific, special or general, usually intended to enable a person to pursue a trade, industry, profession or avocation in life.
Main rule
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, says that gains of learning cannot be denied the status of the acquirer's exclusive and separate property merely because:
- the learning was imparted wholly or partly by a family member, living or deceased,
- the learning was obtained with the aid of joint family funds,
- the learning was obtained with the aid of the funds of any family member,
- the acquirer was maintained or supported, wholly or partly, by joint family funds while acquiring that learning, or
- the acquirer's family was maintained or supported, wholly or partly, by joint family funds or by the funds of any family member while the acquirer was acquiring that learning.
What it does not affect
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, does not affect certain earlier matters. It does not disturb:
- the terms or incidents of any transfer of property made before the commencement of the Act,
- the validity, invalidity, effect or consequences of anything already suffered or done before the commencement of the Act,
- any right or liability created under a partition, or an agreement for partition, of joint family property made before the commencement of the Act,
- any remedy or proceeding relating to such right or liability, and
- anything done before the commencement of the Act in any proceeding pending in a court at that time.
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Common questions
If a Hindu undivided family paid for a person's education, does the property earned through that learning belong to the family?
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, says no, not merely for that reason. Gains of learning remain the exclusive and separate property of the acquirer even if the learning was imparted with the aid of joint family funds or a family member's funds.
What counts as "learning" under this law?
The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, defines learning broadly. It includes education and training of every kind, whether elementary, technical, scientific, special or general, usually intended to help a person pursue a trade, industry, profession or avocation in life.
Does this law cover property acquired before the Act began?
Yes, the definition of gains of learning includes acquisitions of property made substantially by means of learning whether made before or after the commencement of the Act. But the savings clause protects certain transfers, partitions, rights, liabilities and proceedings that existed before commencement.
Does this law change old partitions or court proceedings from before it started?
No. The Hindu Gains of Learning Act, 1930, Act No. 30 of 1930, says it does not affect rights or liabilities created under a partition or agreement for partition made before commencement, or remedies and proceedings relating to them, including pending court proceedings.
