Hindu Joint Family and Co-parcenary

Hindu joint family and coparcenary

Hindu joint family is an important concept of Hindu jurisprudence. Hindu joint family comprises of common male ancestor and his lineal male descendants up to any generation along with the wives and widows of these descendants, unmarried daughters. Once a daughter is married she becomes a member of the joint family of her husband.  Hindu joint family also includes illegitimate sons. An illegitimate son can be a part of a Hindu joint family but he cannot become a coparcenary. A joint Hindu family comes to an end when any coparcener asks for partition. But comes into existence in the very next generation. Hence it is said that every Hindu family is assumed joint unless the contrary is proved. Sometimes when widowed daughter returns to the family she becomes a part of the joint family.

Hindu joint family does not have a separate entity but is represented by Karta of the family. The relation is not formed by agreement hence no outsider can become a part of the joint family except by adoption in the family. The property acquired from ancestors joint family property. Self-acquired property of the individual members does not form a part of joint family property. This arrangement is administered by the Hindu succession act 1956. It is an arranged demonstration and is worried about the exchange, devolution, and responsibility for property among the Hindu joint family. The demonstration, albeit man-centric, has seen a couple of significant changes inside the laws retained. At the hour of joining of the demonstration, it was a trade-off among custom and innovation because of which uniformity couldn’t be accomplished. It has now tried to change a few irregularities made by conventional Hindu Law.

Coparcenary on the other hand is a narrow concept. Hindu joint family comprises of ancestors up to any generation but coparcenary is limited to common male ancestor and his three male descendants. Till 2005 only male descendants could form a coparcenary but after amendment, a daughter can also become a coparcenary.  Under the Mitakshara school of law, the property right is acquired by birth in the family. The distribution of the parental property was agreed on the standard of ownership by birth which implied that the children of the family had select right by birth in the property of the joint family while the girls of the family were given no such rights. The interest in family property keeps fluctuating based on the addition and removal of members through births and the deaths in the family. Under the Dayabhaga school of law, the right to property arises after the death of the eldest member. Even female members can acquire the property right and male members did not have the birthright in the family property. Under this, the inheritance is based on religious and spiritual benefits.

Aishwarya Says:

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