The hindu joint family, called the hindu undivided family in theincome tax act 1961, is a type of. 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. Introduction the position of the karta or the manager of the hindu joint family finds its roots in the patriarch of the ancient family units. An analysis into how, the two schools of law look at the familial arrangement. Joint hindu family firm is created by the operation of law. Explain mitakshara joint hindu family or discuss structure of mitakshara jhf or. They collectively constitute a coparcenary of a hindu family. But where a contract is entered into on behalf of a joint family business. Only the members of the joint hindu family can become a member of business. Samacheer kalvi 11th commerce solutions chapter 5 hindu. For a hindu, it is a neverending process, if in one generation it is brought to an end by the means of a partition, it comes back into existence in. The members of the family who are not coparceners have no right to claim partition. The filing of a suit for partition is a clear expression of such an intention. The kerala legislature has enacted the kerala joint hindu family system abolition act, 1975.
The concept of joint family under hindu law as well as the huf in income tax act. Therefore in mitakshara school, sons have an exclusive right by birth in the joint family property. In a hindu undivided family governed by the mitakshara law, no individual. It does not have any separate and distinct legal entity from that of its members. Joint hindu family concept and formation under mitakshara law. A and b are two brothers governed by the mitakshara school of hindu law. The mitakshara joint family is a unique contribution of hindu jurisprudence which has no parallel in any ancient or modern system of law. Business also has limited financial source as it is dependent on its family members. The dayabhaga was the strongest authority in modern british indian courts in the bengal region of india, although this has changed due to the passage of the hindu succession act of 1956 and subsequent revisions to the act. The joint family property goes to the group known as coparceners.
It is an integral part and the most characteristic way of hindu life. The rights of a mitakshara coparcener is like a joint tenant whose interest, until partition, is not defined and thus, passes by survivorship to other coparcener, except when he leaves male issue. But if a and b were separate, as property would, on his death, pass to his daughter d, as his heir. Narasimhulu maistei, the court observed that the doctrine of joint family property as in mitakshara is found by the. Mar 07, 2012 under the traditional mitakshara law, two modes of devolution of property were recognized. They are different from members who are not coparceners as we have seen earlier. Difference between joint hindu family and coparcenary ipleaders. There are 2 schools of joint hindu family business. Differences between the mitakshara and dayabhaga laws of. It consists of a common ancestor and all his lineal male descent up to any generation together with wife and unmarried daughter of common ancestors and of the lineal male descendants.
The mitakshara school of hindu law has its own concept of joint family based on the doctrine of right by birth which means janmswatavada. The rights of a mitakshara coparcener is like a joint tenant whose interest, until partition, is not defined and thus, passes by survivorship to other coparcener, except when he. In the entire hindu joint family karta or manager occupies a very important position. Joint hindu family is an important concept under mitakshara school under which the son, grandson and grandsons son have a right by birth in the family property. The joint family can continue by only female members. Aug 23, 2015 hindu succession act 1956 before the enactment of the hindu succession act in 1956, hindus were covered by shastric and customary laws that varied from region to region. 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. An unequivocal indication of a desire by a single member of the joint family to separate is sufficient to effect a partition. Joint hindu family as a social security institution and impact t of hindu gains of learning act and various tax laws on it.
Strictly speaking under the dayabhaga school there is no joint family between father and son. There are two schools of law governing huf in india. Short note on hindu joint family under mitakshara and dayabhaga. There is no office or institution in any other system of the world can be compared with it. Each joint hindu family had a coparcenary, inclusive of the head of the family, i. Thus mitakshara divides property into two classes, namely, apratibandha daya or unobstructed heritage, and sapratibandha daya or obstructed heritage. 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. On may 4, 1959, rami reddy executed a deed of settlement exf. The dayabhaga and the mitakshara are the two schools of lawthat govern the law of succession of the hindu undivided family under indian law. Jun 09, 2019 the mitakshara is legitimate arrangements on legacy, composed by vijnaneshwara a researcher in western chaiukya court in the twelfth century. Joint family property is synonymous with coparcenary property.
A joint hindu family according to the mitakshara law consists of a male member of a family with his sons, grandsons and greatgrandsons according to hindu law. Partition under hindu joint family properties law times. Joint hindu family is an inevitable and fundamental concept of the hindu family law which in presentday is governed by the hindu succession act, 1956. Jul 29, 2020 joint hindu family is an inevitable and fundamental concept of the hindu family law which in presentday is governed by the hindu succession act, 1956.
Membership of business is attained either by birth or marriage to the male member in a joint hindu family. Scribd is the worlds largest social reading and publishing site. Partition under hindu joint family properties law times journal. In mitakshara only male members can become a member of the business. School of huf shall be mitakshara school of hindu law right of co parcener. Hindu succession act,1956 bare act with pdf download. The devolution of interest relating to mitakshara coparcenary. Joint family is a fundamental aspect of hindu law in which the concept of joint family is where their common ancestor and his male lineal descendants along with. The joint hindu family business is a distinct form of organisation peculiar to india. Historical perspective of traditional hindu law as a background to the study of hindu succession act 1956. So, partition, according to that school, consists in ascertaining and defining the shares of the coparceners. According to the hindus, dharma includes not only what is known as law in the. An entity that emerges as a result of customary law taxguru. A hindu undivided family business is a distinct legal entity, an archaic business model, unique to india.
The existence of the hindu undivided family is from a common ancestor. Difference between dayabhaga and mitakshara in hindu law. Hindu undivided family huf is also known as a hindu joint family. Link to download this article in pdf format is at the bottom. Class notes on family lawhindu law 1 unit i 1st sem 3. It wound up one of most persuasive messages in hindu law, and its standards with respect to property dissemination, property rights, and progression are still by and by crosswise over the vast majority of india aside from west bengal and assam where the. He is a person with limited power but he possess such vast power with in ambit of joint family which nobody enjoys.
The joint and undivided family is the usual characteristic of hindu society. That status will continue until they can add male members either by adoption or by birth otherwise. It is an integral part and the most characteristic way of hindu. Partition under the mitakshara law is a severance of joint status and as such, it is a matter of individual volition. Recently, in some tax cases a view has been propounded that after the coming into force of the hindu succession act 1956 hereinafter referred to as the act there is nothing like an t ancestral. Law of hindu joint family mitakshara propounds the doctrine of sons. Article shared by a dayabhaga joint family differs from a mitakshara joint family in the following.
The business ventures of such a family model are strictly controlled by the hindu law, which is made up of two components, the dayabhaga and the mitakshara. Under the mitakshara school of law there is a 8 sir gooroodas. The joint family governed by the mitakshara law is good security in case of distress. The position of the karta of the hindu common family has its roots in the patriarch of the old family units. In this blog post, shambhavi kumar, a student of jindal global law school, sonipat, analyzes the powers and responsibilities of the karta of a hindu joint family. Mitakshara joint hindu familyguide will and testament. In modern law the joint family is the only area where two schools of hindu law still have significance. According to the mitakshara school, no member of the joint family can predicate a definite share of the joint property as his own. Hindu law defines hindu undivided family as huf consists of all. Dharma according to hindu texts embraces everything in life.
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. Hence, the joint family property by partition can be, at any time, converted into a separate property. The karta was the guardian of the minor members of the joint hindu family and, therefore, the high. Main types of joint family system in india 1598 words. B family law hindu law unit i revision study notes for ll. A hindu undivided family huf is known as a joint hindu family. Under the mitakshara school of law there is a 8 sir. Difference between joint hindu family and coparcenary. Membership of joint hindu family business is not open to the public. Nov 14, 2019 hindu joint family system mitakshara joint family. Joint hindu family business in india features, merits. Dravidian school of thought madras school maharashtra school bombay school of thought banaras school of thought mithila school of thought the dayabhaga school it exists in bengal and assam only.
The essence of a coparcenary under the mitakshara school of hindu l. The textual authority of the mitakshara lays down in express terms that the joint family property is held in trust for the joint family members then living and. Doc difference between dayabhaga and mitakshara in hindu. The life of joint hindu family business is uncertain. It is one of the hindu law schools that govern the succession of property in a hindu family. Get complete information on mitakshara law of inheritance. A1 in favour of his brother, veera reddy, conveying his entire undivided interest in the coparcenary reserving a life interest to himself and. So, a son immediately afer birth gets a right to the property. Dayabhaga the dayabhaga system is widely followed in west bengal and assam, wherein, both male and female members of the family are allowed to be coparceners. The main unit is coparcenary which basically consists of a man and the male descendants of the next three generations in the direct line of descent.
Class notes on family law hindu law 1 unit i 1st sem 3 year ll. Unit hindu law joint hindu family origin, nature of joint family and coparcenary. As a matter of fact we find joint family system in some non hindu communities. It is a specific form of business organisation found only in india. Feb 24, 2021 the joint family can continue by only female members. Joint hindu family business in india features, merits and. The joint family is one of the areas where the mitakshara and the dayabhaga differ from each other fundamentally. Under the hindu law as well as upon general principles, the father of. The effect of hindu traditional law on statutory law. Although the joint family system seems to be general in india, it is a peculiar characteristic of the hindu social system. After the death of the last male member of the hindu undivided family, the rest of the members either noncoparceners or females were allowed to continue with the status of joint hindu family. Some of the important types of joint family system in india are as follows. Samacheer kalvi 11th commerce solutions chapter 5 hindu undivided family and partnership.
It is a unique contribution of this school to hindu jurisprudence. It devolves by survivorshop and not by succession while under the dayabhag law it devolves by succession. The right to hindu joint family property is by birth. The term dayabhaga is derived from a similarly named text written by jimutavahana. Jul 26, 2018 role of karta in hindu undivided family huf by sumit mishra download pdf the author, sumit mishra is a 2nd year student of allahabad university. A coparcener even when he is not an earning member gets all help which he needs at the time of illness and distress. Prabhakar strenuously urged that the property was a joint hindu family property and only the karta i.
A human rights contribution to hinduism and a hindu contribution to human rights. 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. B introducton of the hindu law concept of dharma hindu law is a body of principles or rules called dharma. Formation and incident under the coparcenary property under dayabhaga and mitakshara c.
The dayabhaga is a hindu law treatise written by jimutavahana which primarily focuses on inheritance procedure. Falling under the aegis of law, and controlled by a strict code of rules, a hindu undivided family or huf in short, does not distinguish between its members. Advantages and disadvantages of joint hindu family business. Students can download commerce chapter 5 hindu undivided family and partnership questions and answers, notes pdf, samacheer kalvi 11th commerce book solutions guide pdf helps you to revise the complete tamilnadu state board new syllabus and score more marks in your examinations. Partition means bringing the joint family status to an end and every. The term, mitakshara is derived from the name of a commentary written by vijnaneswara, on the yajnavalkya smriti.
Mitakshara hindu law inheritance concurrent estate scribd. There lies a great difference in the legal positions of the members of the mitakshara and dayabhaga joint hindu family. The entire law relating to hindu undivided family huf. The textual authority of the mitakshara lays down in express terms that the joint family property is held in trust for the joint family members then living and thereafter to be born see mitakshara, chapter i, pp. Characteristic features of mitakshara coparcenary leading case. Under the mitakshara school of hindu law, a woman in a joint hindu family had the right only to maintenance sustenance but not to inheritance of property. The mitakshara system is orthodox whereas the dayabhaga system is more progressive. Is the difference between dayabhaga law and mitakshara law.
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