FAMILY LAW
Hindu Undivided Family & Property Law
Topic Overview
1. Meaning of Hindu undivided family
2. Property under both Schools
1. Meaning of Hindu undivided family
- The institution of the Hindu Joint Family is peculiar and unique to Hindu society.
- Its origins can be traced to ancient texts and the writings of the Smritikars.
- The Joint and Undivided Hindu Family represents the normal condition of Hindu society and is regarded as a cherished institution and a peculiar characteristic of Hindu legal and social life
- The Joint Family system is a creature of law.
- It enfolds within it the lineal male descendants of a common ancestor and includes their mothers, wives or widows, and unmarried daughters.
- A Hindu Joint Family thus consists of persons lineally descended from a common ancestor, together with their wives and unmarried daughters.
- Membership in a Joint Family arises by birth, adoption, or marriage. It need not necessarily be linked with the possession of joint family property.
- The joint existence of property is not essential for the existence of a Hindu Joint Family. A family can continue to be a joint family in the proper legal sense even without holding any joint property.
Essential element of Hindu Joint Family
- live together
- cook food together
- worship together
- joint business
Surajit, Lal Shabadla V. Commissioner of income tax
Supreme Court Spoke about features of Hindu joint family. Hindu joint family is a larger body, constituting group of people tied by tie of Sapinda ship, arising by birth, marriage or adoption. Fundamental principle of joint Hindu family is Sapinda ship. Does not take more than one male to form a joint Hindu family with female is well established
Members of Hindu joint family are-
Members of Hindu Joint Family
Males:
1) lineally connected in the male line
2) collateral
3) Relative by Adoption
4) Poor Dependants
5) Son Born out of marriage between Hindu Man and Christian women under Special marriage act
Females:
1) wife or widowed wife of male member
2) his maiden Daughter
- Hindu joint family is called Hindu undivided family in terms of tax.
2. Property under both Schools
- Property under Hindu Law can be classified into two types
| Property Classification | Description |
|---|---|
| 1) joint family property | which is also known as coparcenary property |
| 2) separate property | which is self-acquired property |
- Under Mittakshara School of law Joint family property is divided into two types
- 1) Obstructed Property (Apratiband daya)
- 2) Unobstructed property (Spratiband Daya)
1) Joint Family Property
- Join family property is acquired from ancestors
- In Mitakshara by birth and according to the Dayabhag -after death of the father
- It is inherited by an individual from father, grandfather or great grandfather That is immediate paternal ancestor within 4 degrees.
- Earlier, only Male coparcenary had right, now female member of Hindu joint family are also entitled to such property after 2005.
- Property jointly acquired by member of joint family by their joint labour, whether in business or profession with aid of joint family becomes propensity property.
- Property thrown into common stock - self acquire property when have been voluntarily thrown into Joint family property, with intention of abandoning all separate claims became joint property. Intention need not to be expressed. Act is unilateral. Only coparcenary can do such act no other member of Joint Hindu Family.
- Property acquired by aid joint family i.e Accumulation of income jointly that is rent of joint family property or property purchase out of such income is also coparcenary property. Includes income from mortgage and sale
| A) Obstructed Property (Apratiband Daya) | B) Unobstructed property (Spratiband Daya) |
|---|---|
|
o Right not by birth, but on death of father or Last owner. Right is obstructed by existence of owner. o Bare chance of succession is Contingent upon surviving owner. o No right by Birth separate property. |
o Person acquires the right on the property by just worth. This right is not obstructed by existence of any owner. |
2) Separate/Self acquired Property
- Hindu, even if in joint system, may possess separate property.
- He or she is sole owner of such Property.
- Separate property include:-
- acquired by his own exertion and not by joint effort
- If acquired by was of Separate position for 12 years it is self acquired property.
- Income from practise of hereditary profession like Purohit or priest.
- Inherited from any person other than father, grandfather and great grandfather.
- Obtained as a share of partition.
- Gift or will
- By means of education
- Gift from movable ancestral property