- Slides: 17
Mitakshara Law of Joint Family • The Mitakshara propounds the doctrine of sons right by birth in the joint family property. • The joint family property does not pass by inheritance but it goes to those who among the groups known as coparcener survive others. • Interest in property is fluctuating. • Under the Mitakshara school neither the father nor any other coparcener can ordinarily alienate the joint family property.
Hindu Joint Family • The Hindu joint family consist of the common male ancestor and all his lineal male descendants up to any generation together with the wife or wives (or widow) and unmarried daughter of the common ancestor and of the lineal male descendants. • Existence of common ancestor is necessary for bringing a joint family into existence. • Death of common ancestor, family will not comes to an end, upper links removed and lower ones are added. • Even an illegitimate son is a member of his father joint family. • Widowed daughter may return and claim share.
Example of Hindu Joint Family Raj Kapoor & Wife Ritu nanda. Rajan Nanda Randhir &wife Karishma Sanjay Reema Jain Mohit Jain Kareena Saif Ali Rishi Kapoor & Wife Ranbir Kapoor Rajeev Kapoor Ridhima Kapoor
Incidents of Hindu Joint Family A. B. C. D. E. F. G. Common male ancestor is necessary to bring the joint family in existence, not necessary for continuation. It is creature by Law, cannot be created by members of family by agreement. Exception Marriage & Adoption. It is having no legal entity separate from its members. Represented by Karta, Cannot sue & be sued it its own name. It is not juristic personality capable of holding property, member collectively own property. The status of the joint family member came to an end by Conversion, marriage to non Hindu, adoption, marriage of daughter. All members do not have equal right in the joint family property. A Hindu joint family may continue in perpetuity until it ends. On partition different joint family come into existence.
Presumption of Jointness • The general principle is that every Hindu family is presumed to be a joint family unless contrary is proved. • It is presumed to be joint in food, worship and estate. • But that does not mean that they must necessarily have a common kitchen or joint place of worship. • The presence of a male is not necessary for the continuation of a joint family. • Before 1956, a daughter did not have the capability to add a male member to her fathers family. • Hindu Adoption & Maintenance Act, 1956 has granted an unmarried female the ability to carry on her fathers joint family by adding a male member to the family.
Coparceners • A coparcenary is a joint family constituting a common male ancestor with his lineal descendants in the male line four degrees counting from an inclusive of such ancestor. • No coparcenary can commence without a common male ancestor. • The female are excluded from coparcenary.
Example of Coparcenary Prithiviraj Kapoor Randhir Kapoor Rishi Kapoor Ranbir Kapoor Shashi Kapoor Shammi Kapoor Rajeev Kapoor Aditya raj Kapoor Kunal Kapoor Karan Kapoor
Incidents of Mitakshara Coparcenary • The lineal male descendants of a person up to the third generation acquire by birth ownership. • Descendants can at any time work out their right by asking for a partition. • Each coparceners has got ownership extending over the entire property jointly until partition. • All coparcener has common ownership and right of possession. • The property of coparcener can be alienated only by the consent of other coparceners.
Coparcenary Property • • Property inherited from father, grand father and great grand father. Property allotted at a partition. • • • If coparcener mix his separate property with coparcenary property. It is not bound to do so and may keep his self acquired property for himself. Female is not coparcener and cannot blend her property with joint family property. • Policy taken by the joint family member out of the coparcenary property.
Difference Between Self acquired & Coparcenary Property • On death undivided interest in the property devolves by survivorship and not by succession. • The interest passes on his death to his heirs by succession and not by survivorship. • It belongs the person exclusively, though he is member of joint family. • All coparcener have community of interest, unity of possession. • By birth. • Not by birth. • Prior 1956 could not dispose his undivided interest by will. • It could be freely disposed of by will.
Difference Between Self acquired & Coparcenary Property • No coparcener can gift his undivided interest without consent of other coparcener. • No coparcener can sale or mortgage his undivided interest without consent of other coparcener. • Any coparcener can claim partition. • It can be gifted away by the owner, to any extent and to any person. • It can be freely alienated by way of sale or mortgage. • No coparcener can claim partition in the self acquired property of another coparcener.
Rights of Coparcener • • Adult coparcener is entitled to enforce partition. Cannot file suit for declaration of his share. • Income of the family is brought to the common purpose of the family. • • Generally coparcener has no right. Seeking partition is only entitled.
Rights of Coparcener • Coparceners wife or children's are entitled to maintenance out of coparcenary property. • With the consent of coparceners alienate by way of gift sale and mortgage.
Dayabhaga Coparcenary • • • Interest arise on the death of father. Son do not take any interest in the ancestral property so long as the father alive. There is no coparcenary between father and son. • • • Coparcenary starts at the death of the father leaving two or more male issue. Coparcenary consists male as well as female. But cannot start with female.
Dayabhaga Coparcenary • • • Joint acquisition of property thrown into a common stock. Every coparcener takes a definite share. Like his separate property it passes by succession to his heirs and not by survivorship. • • He can enjoy his definite share as he like. He can lease out his share and put the lessee in possession thereof. • Property purchased by son in his name in the fathers lifetime in possession of son is not joint family property.