Points of Family Law

What do you mean by Hindu Joint Family?
Compare it with Coparcenary

(pdf no.37)
No
Joint family Coparcenary
1 Both Males and Females are the Only male member are the members of
members of the joint family Coparcenary.
2 There is no limitation of degrees or Males upto four degrees (including senior

generations with regard to the most male) or generations from the senior
membership of the Joint Family. most male members are the members of the
Coparcenary
3 Some members, i.e. Female members all members have the right in the property
have no right by birth in the property. by birth.
4 Certain females like Father’s wife, all the members have the right to demand
Mother, Grandmother etc. have no partition.
right to demand partition.
5 The membership of Joint Hindu A Coparcenary is, much narrower body and
Family is acquired by birth or by it includes only those persons who acquired
marriage and consists of all persons by birth or in exceptional case adoption by
literally descended from a common sons.
ancestor and their wives and
unmarried daughters
6 Every joint family is not a Every Joint Family is a Coparcenary.

Coparcenary.
7 A Joint Hindu family shall constitute A Coparcenary may come to an end with the
even after the death of death of the last coparcener or sole
Manager/male/Karta and consisting surviving coparcener.
only females.
https://www.srdlawnotes.com/2017/01/distinction-between-joint-family-
and.html#:~:text=The%20membership%20of%20Joint%20Hindu,exceptional%20c
ase%20adoption%20by%20sons.
Who can be a Karta of Hindu Joint Family?
Discuss the power and duties, liability, obligation of Karta.
Who can be Karta:

1. Senior Most Male Member
2. Junior Male Member
3. More Than One Karta
4. Female Member As Karta
Liability/Duties/Obligations:
1. Liability to Maintain
2. Liability for the Marriage
3. Liability Prepare Accounts
4. Liability to pay taxes & other dues
5. Liability Represent.
Powers:
1. Power Of Management
2. Power/Right to Income
3. Power to Representation
4. Power to Compromise
5. Power/Right to Sue
6. Power to Refer a Dispute to Arbitration
7. Power of acknowledgement
8. Power of contract Debts
9. Power to enter into contract
10. Power of alienation
Discuss formation and incidents of Dayabhaga joint family.
How it differs from Mitakshara joint family?
Dfference between Mitakshara School and Dayabhaga School
MITAKSHARA SCHOOL DAYABHAGA SCHOOL
Applicable whole over India except West Applicable only on West Bengal and
Bengal and Assam. Assam.
Only male members are coparcener. Female

Both male and female members are
become coparcener after enactment of
coparcener.
Hindu Succession Act.
Acquires coparcenary only after the death

Acquires coparcenary by birth or adoption.
of the father.
Property dissolved on the doctrine of

In case of the death of one coparcener his
survivorship. In case of the death of one
share is given to his legal heir i.e., son,
coparcener, his share in the property is
daughter, wife, etc.
belongs to other coparcener.
Points MITAKSHARA SCHOOL DAYABHAGA SCHOOL
Joint According to the Mitakshara law school a Under the Dayabhaga law school,
Family: joint family refers only to the male member the son has no automatic
of a family and extends to include his son, ownership right by birth but
grandson, and a great-grandson. They acquires it on the demise of his
collectively have co- father. In the Mitakshara school,
ownership/Coparcenary in the Joint the father’s power over the
Family. Thus, a son by birth acquires an property is qualified by the equal
interest in the ancestral property of the joint rights by birth enjoyed by a son, a
family. grandson, and a great-grandson.
Coparcenar Under the Mitakshara school of law all the Under Dayabhaga School when
y/ members of the joint family enjoy the father is alive the sons do not
Co- coparcenary rights during the father’s have coparcenary rights but
ownership:: lifetime. acquire them on the death of the
the Mitakshara School of coparcener’s father
share is not defined and cannot be disposed the share of each Coparcener is
of. defined and can be disposed of.
Partition: In the case of Mitakshara School, the In the Dayabhaga School there
intention involves holding the property is has to be a physical separation of
defined definite shares the property into specific portions
and assigning of separate share to
each coparcener.
Rights of the wife cannot demand partition. She, Under the Dayabhaga this right
Women: however, has the right to a share in any does not exist for the women
partition affected between her husband and because the sons cannot demand
her sons. partition as the father is the
absolute owner.
Window’s under the Mitakshara her rights are When one of the brothers dies, his
rights: excluded by the right of survivorship of the widow can succeed to his share
brothers. The widow can then have only a under the Dayabhaga
right to maintenance.
Sapinda: according to Mitakshara it arises by it arises utilizing Pinda offerings
Heriship: propinquity or community of blood. to deceased ancestors. The
consanguinity (blood relationship) is the spiritual benefit is the criterion
guiding principle under the Mitakshara. for heirship under the Dayabhaga
Survivorshi Brothers who have inherited property from The Dayabhaga does not respond
p: their father have a right of survivorship in to any right of survivorship and
the Mitakshara joint family. Survivorship the brothers hold in quasi-
severalty with the full power of
alienation.
https://www.legalserviceindia.com/legal/article-5926-mitakshara-school-of-
law.html#:~:text=Joint%20Family%3A,-According%20to%20the&text=the%20joint%20family.-
,Under%20the%20Dayabhaga%20law%20school%2C%20the%20son%20has%20no%20automatic,%2
C%20and%20a%20grea
Define Partition. Who can claim partition?(pdf no.8)
1. Father
2. Son & Grandsons, & Great Grandson
3. Son Born after Partition
4. Son conceived at the time of partition but born after partition
5. Adopted Son
6. Illegitimate Son
7. Minor Coparcener
8. Alienee
9. Absent-coparcene
State provisions of Parsi Succession under the Indian Succession Act.
1. Intestate Succession
2. No share for a lineal descendant of an
3. Intestate who dies before the Intestate
4. Rules for division of the Intestate’s property

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What do you mean by Hindu Joint Family?

Compare it with Coparcenary

2 There is no limitation of degrees or Males upto four degrees (including senior

6 Every joint family is not a Every Joint Family is a Coparcenary.

Who can be Karta:

MITAKSHARA SCHOOL DAYABHAGA SCHOOL

Only male members are coparcener. Female

Acquires coparcenary only after the death

Property dissolved on the doctrine of

State provisions of Parsi Succession under the Indian Succession Act.

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