INTRODUCTION TO THE HINDU JOINT FAMILY

Hindu is derived from the Greek word ‘Indoi’ means inhabitants of the Indus Valley . The institution of Hindu joint Family concept has took place where long time ago. It was developed as a custom practice by people from generation to generation. Ancient times patriarchal system was prevailing and where men’s are placed in a dominant role in the society . Moreover Hindu joint Family has evolved from the ancient patriarchal family system. Joint family consists of all members of lineally descended from common ancestor it also includes their wives and unmarried daughters. The fundamental principle is Sapindaship .

Sapinda refers to pinda offering to the ancestors. Pinda daan is offering of food ,it is performed by the Hindu on death rituals. It means the persons who has rights to offer pinda is regarding as sapinda and this relationship arises out of blood relationship by birth and the relationship arising out of adoption, marriage will also fall under Sapindaship. The Hindu joint Family is an institution sui generis this is because only this system of joint family is confined only to the Hindus in India . Hence ,the Hindu joint Family is governed under Hindu Succession Act ,1956.

The Hindu succession Act ,1956 has amended by Hindu succession (Amendment)Act ,2005. This was regarded as a landmark amended because 2005 amended addressed the gender inequality in Hindu Succession Act ,1956. Earlier only the females in the joint family are treated as members thereof entitled to maintenance but have no right to enforce partition. The women can not be a coparcener and they may be allotted shares if partition takes place and they can not ask for partition. By the amendment of 2005 , agricultural land, Joint family property, parental dwelling house and widows rights and all daughters as coparcener’s in joint family property with the same birth right as son.

The Joint Hindu Family is managed by a head called Kartha. Kartha act as a manager of the joint Family property. The superior members will be the kartha. There are situation when a junior most member become kartha. As kartha being a manager he will act on behalf of all the members of the joint family. However the power of Kartha are not absolute , he can excercise his power with the sphere. The members of joint family enjoys the joint family property. All the members has rights to maintenance and residence , right to have partition , right to call for an account as incidental to the right, and right to join possession and enjoyment of property.

With in joint family there is coparcenary. Coparcenary are considered as owners of joint family property. In joint family it includes both men and women as members of joint family , whereas in coparcenary only male members can be member. coparcenary includes only person who became member only by birth. Coparcenary is narrower body that , every joint family is not a coparcenary but every coparcenary is a joint family. The Early act of 1956 intensely affected the entire concept of coparcenary but the amendment addressed the defect in the act .

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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