Women can be a karta of huf in a recent judgment, delhi high court has ruled that after hindu succession amendment act, 2005 there is no reason why hindu women should be denied the position of a karta. An aliened of coparceners undivided interest files a suit for partition is entitled to a. Its origin can be traced to the ancient partriarchal system where the patriarch or the head of the family was the unquestioned ruler, laying down norms for the members of his family to follow. Family law 2 hindu joint family system mitakshara joint family the mitakshara joint family is a unique contribution of hindu jurisprudence which has no parallel in any ancient or modern system of law. According to the mitakshara a son, grandson and greatgrandson acquire by birth a right in the ancestral property. If a male member of an huf, by virtue of his being the first born eldest, can be a karta, so can a female member. It does not have any separate and distinct legal entity from that of its members. The joint family property goes to the group known as coparceners. Some of the important types of joint family system in india are as follows. Partition under hindu joint family properties law times journal.
It includes children, childrens children down the line, spouses. The mitakshara concept of coparcenary is based on the notion of sons birth. Allottee 1, allottee 2 and allottee 3 are hereinafter, jointly or individually as the case may be, referred to as. What links here related changes upload file special pages permanent link page. A hindu coparcenary under the mitakshara school consists of males alone.
An unequivocal indication of a desire by a single member of the joint family to separate is sufficient to effect a partition. The mitakshara coparcenery is a smaller group of descendants within a large hindu joint family. Karta of a family hindu law karta means manager of joint family and joint family properties. Mitakshara rules of inheritance are followed throughout india except bengal and assam. Mitakshara joint family the mitakshara joint family is a unique contribution of hindu jurisprudence which has no parallel in any ancient or modern system of law. It altogether consists of the three generations of male decedents starting with a common male ancestor who holds the property for the benefit of entire joint family. Although the joint family system seems to be general in india, it is a peculiar characteristic of the hindu social system. He is the person who takes care of day to day expenses of the family looks after the family and protects the joint family properties. A daughter ceases to be a member of her fathers family on marriage, and becomes a member of her husbands family. The dayabhaga school of law is observed in bengal and assam. Whatever the sceptic may say about the future of the hindu joint family, it has been, and still continues to be, the fundamental aspect of life of hindus.
The dayabhaga and the mitakshara are the two schools of law that govern the law of succession of the hindu undivided family under indian law. The business of joint hindu family is controlled under the hindu law instead of partnership act. The hazari report in 1967 identified the business group as the basic officially institutional unit of organisation of indian monopoly capital as opposed to the. The joint family property went to the group known as coparceners, i. Short title and extent 1 this act may be called the hindu succession act.
A joint family or undivided family is an extended family arrangement prevalent throughout the. Get complete information on mitakshara law of inheritance. The existence of joint estate is not an essential requisite to constitute a joint family and a family, which does not own any property, may nevertheless be. It is an integral part and the most characteristic way of hindu life. Mitakshara joint hindu familyguide will and testament. An undivided hindu family is ordinarily joint not only in estate, but also in food and worship. It also recognises an entity by the name of coparcenary.
Partial and full partition of hindu undivided family huf. As it discusses the various aspects of the hindu joint family, it also in detail. The property of a joint family does not cease to belong to the family merely because there is only a single male member in the family. The filing of a suit for partition is a clear expression of such an intention. Joint hindu family and hindu coparcenary the mitakshara joint family is a unique contribution of hindu law which has no parallel in any ancient or modern system of law. Prakash and ors vs phulavati and ors citation 66708 court. In all other parts of india, the mitakshara school of law is observed. Classroom live lectures edited, enlarged and updated. Partition under hindu joint family properties law times. Mitakshara joint hindu familyguide free download as word doc.
Hindu law, joint family property, mitakshara, dayabhaga. A joint hindu family is normally joint in worshipkitchenbusiness. Amount received not as a member of joint family but in pursuance of some statutory provision, etc. Devolution of interest in case of male dying intestate.
If a joint family gets divided, each male coparcener takes his share and females get nothing. The hindu undivided family in independent indias capital accumulation regime. For a hindu, there is no escape from the joint family. The reasons, according mulla, is that while every member of a mitakshara joint family has only an undivided interest in the joint property, a member of a dayabhag joint family holds his share in quasiseverality, so that it passes on his death to his heirs as if he was absolute owner thereof, and not to the surviving coparceners as under the. The mitakshara tradition of joint family is based on yagya valakya smrjti and its commentary which were made by vigyaneswar. The hindu joint family, also known as a coparcenary, consists, for purposes of inheritance, only of male members. A joint family, however, may consist of female members. Joint hindu family under mitakshara law a joint hindu family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. Karta means manager of joint family and joint family properties.
Partition is the severance of the status of joint hindu family, known as hindu undivided family under tax laws. According to this rule of inheritance, we find the following characteristics. What are the differences between mitakshara and dayabhaga. The essential differences between mitakshara and dayabhaga relate to the following i joint family. It may consist of a male member, his wife, his mother and his unmarried daughters.
Scribd is the worlds largest social reading and publishing site. Hindu joint family under mitakshara law the hindu joint family is a normal condition of the hindu society. As a matter of fact we find joint family system in some nonhindu communities. Partition under the mitakshara law is a severance of joint status and as such, it is a matter of individual volition. Member of joint family living apart from the other members does not effect hisher position.
Whatever the skeptic may say about the future of the hindu joint family, it has been, and still continues to be, the fundamental. Property under mitakshara law separate property and coparcenary property. The legal framework of the joint family was crystallized about the 11th century a. Download women can be a karta of huf file in pdf format. Further as per the proviso to section 6 of the act, the interest of the deceased male in the mitakshara coparcenary devolve by intestate succession.
It has been a fundamental aspect of the life of hindus. June, 1956 an act to amend and codify the law relating to intestate succession among hindus be it enacted by parliament in the seventh year of the republic of india as follows. The mitakshara joint family is a unique contribution of hindu law which has no parallel in any ancient or modern system of law. Short note on hindu joint family under mitakshara and dayabhaga. Joint hindu family firm is created by the operation of law.
This doctrine is the basis of the mitakshara joint family. The joint hindu family business is a distinct form of organisation peculiar to india. These families engage in agriculture, handicrafts small industries etc. Mitakshara and dayabhaga schools of lawqua the hindu joint family set up.
Therefore in mitakshara school, sons have an exclusive right by birth in the joint family property. The hindu undivided family has its roots in the ancient hindu law like the manu smriti, compiled by a male chauvinist hindu scholar called manu, who lived around 200 bc. The reason is that while every member of a mitakshara coparcenary has only an undivided interest in the joint property, a member of a joint dayabhaga family holds his share in quasiseveralty, so that it passes on his death to his heirs, as if he was absolutely seized. Characteristics of joint family system in india 1051 words. Differences between mitakshara and dayabhaga schools. Explain mitakshara joint hindu family or discuss structure of mitakshara jhf or features of mitakshara jhf during earlier ages, agriculture was the main source of incomerequired many hands and legs to work together for the same. When the codes of manu were being written about two or three centuries later, the joint family became quite common. Jul 10, 2018 mitakshara joint family of coparceners. Mitakashara school of hindu law recognises a difference between ancestral property and selfacquired property. Therefore in mitakshara school, sons had an exclusive right by birth in joint family property. Partition suit by daughter during the lifetime of the father. Main types of joint family system in india 1598 words.
The hindu undivided family in independent indias capital. A case study savitri shahani there has been no systematic research into the structure of the family in the field whether in rural or urban areas, and the most serious writers on the subject hare relied on general observations. A coparcenary is a legal institution consisting of three generations of male heirs in the family. Under hindu law once the status of hindu family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. Doc difference between dayabhaga and mitakshara in hindu. All property which is inherited by a hindu male from his father, grandfather,or great grandfather is considered to be joint. Ther are the people who belong to the next three generations. Some other judgments were cited before us for the proposition that joint family property continues as such even with a sole surviving coparcener, and if a son is born to such coparcener thereafter, the joint family property continues as such, there being no hiatus merely by virtue of the fact there is a sole surviving coparcener. Arunachalam chettiar case a father and his son constituted a joint family governed by mitakshara school of hindu law.