JOINT HINDU FAMILY

Name: Ramanand KarwaCollege: Shri shiwaji Law College L L B Second Year

INTRODUCTION

It is a presumption that 'Every Hindu family is joint family‘, they cannot escape from the joint family.

Hindu family is joint family when it is joint in food, worship and estate.

COMPOSITION OF JOINT FAMILY

Common ancestor + lineal male descendant + his wife or wives( or widow) + unmarried daughter.

Common ancestor is necessary for bringing of joint family. But Common ancestor is not necessary for continuation.

The death of the common ancestor does not mean that the joint family will come to an end.

Common ancestor is also called as last holder , head of the family and elders male member of the family.

JOINT FAMILYA

B

B1

B2

C

C1Common Ancestor

CORPORATE PERSONALITY AND COMPOSITE FAMILY

Hindu joint family is not a corporation. it is not a juristic personality.

It has no legal entity distinct and separate from that of the members who constitute it.

It is a unit and in all affairs it is represented by its Karta or head.

No outsider , except by adoption can be welcomed in the family.

The status in the family can be acquired only by taking by birth in the family or by adoption or marriage.

By way of Birth

By way of Adoption

By way of Marriage

When 2 or more families agree to live and work together, pool their resources , throw their gains and Labour. into the joint stock and Shoulder the common risk, there comes into existence the composite family.

For the purpose of assessment of tax the revenue status use the expression, 'Hindu undivided family' - this term is used purely to determine in which category the income should be assessed.

When property is purchased in the joint names it is for the person who alleges it to be a separate property to prove it .

Daughters are also made coparceners by virtue of section 6(1) of the Hindu Succession Act 2005.

COPARCENARY

Coparcenary is a narrow body of persons within a joint family , and consist of the father, son, son's son, son's son's son.

It consists of father and three main lineal descendants.

In its continuous, the existence of the father -son relationship is not necessary, the Coparcenary may consist of grand father and grand children, brothers, uncle and nephew and so on.

SOLE SURVIVING COPARCENER

Incidence of coparcenership: 1. Coparcener has right only by birth or adoption.

2. Until partition takes place, it is an unpredictable and fluctuating interest which may be enlarged by deaths and diminished by birth in the family.

3. Every coparcener has the right to be in joint possession and enjoyment of joint family property

-Community of interest and Unity of possession

4. Every coparcener has right to be maintained including a right to marriage expenses being defrayed out of family funds.

5. Every coparcener is bound by the alienation made by the karta for legal necessities or benefit of the estate and

6. Every coparcener has a right to object and challenge alienation made without his consent , made without legal necessities.

7. Every coparcener has the right to seek partition and survivorship.

8. Coparcenary cannot be created by an agreement, it is the creature of law .

ILLEGITIMATE SON AS A COPARCENER

Is always regarded as a member of his putative fathers joint family and as such has a right to be maintained out of the joint family funds during his entire life.

He has not been considered as a coparcener.

A putative father is generally A man whose legal relationship To a child has not been established, but claims to be the father or who is alleged to be the father To a child who is born to a woman to whom he is not married at the time of childs birth.

Mother becomes the natural guardian for the illegitimate son and over the mother's property he has the right to seek share.

Coparcenary between the same and insane persons:

An insane coparcener is entitled for maintenance, not a share in the coparcenary property.

On his cure or insanity his rights review. in any case his son is not excluded from taking a share in the partition.

9. Coparcenary between a father and sons born or civil marriage:

if a Hindu performs a marriage under the special Marriage Act 1954 with a non-Hindu, his interest in the joint family property is severed.

It does not mean that there cannot be a coparcenery between such a Hindu and a son born to him out of that marriage, provided his is a Hindu.

10.coparcenary within coparcenary: It is possible that separate coparcenary me exist

within a coparcenary. 11. No female can be a coparcener: - No family except daughter can be its member,

though they are member of the joint family. -It means no female except the daughter has right by

birth in the joint family property. -Hindu women's right to property act 1937- widow, by

successin, on the undivided share of the husband take absolutely not the coparceners in the family.

- The result was the right of other coparceners Where suspended until the widow gives share to them.

-Section 3 (3) gives her a right to Seek partition also.