The document discusses the concept of unobstructed heritage under Mitakshara law. Unobstructed heritage means that sons, grandsons, and great-grandsons acquire inheritance rights in ancestral property by birth alone. Their rights are not obstructed by the existence of the property's owner. Only for sons, grandsons, and great-grandsons is ancestral property considered unobstructed heritage. All other relatives have only obstructed heritage, meaning the owner being alive prevents them from having interests in his property.

1. Unobstructed Heritage

2. Introduction
• The special feature of the Mitakshara joint family is the recognition of
unobstructed heritage (Apratibandha Daya) ijnaneswara's Doctrine is
founded upon the following text of Yajnavalkya-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.

3. • 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.

4. Illustration
• If A has property derived from his paternal ancestor, then his Putra by birth
acquires a right to it equal to that of his father.
• Putra includes son, son's son and son's son's so e.,4 degrees of descent
including the deceased).
• So for the son, grandson and great-grandson ancestral property of their
father is unobstructed heritage. In it they acquire a right by birth.
• They can claim a partition in it. They are the coparceners.

5. Conti...
• All relations other than Putra (i.e., son; son's son; son's son's son) have only
an obstructed heritage.
• The fact of the owner being physically alive is an impediment to their having
an interest in his property by virtue of their relationship alone.
• Further, in property other than the ancestral property, i.e., in self-acquired
property, even the Putra has only an obstructed heritage and he cannot claim
the right to partition

6. Thank You