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Hindu Joint Family: An unique system of togetherness in India

Hindu Joint Family: An unique system of togetherness in India.

Presence or availability and care is the most essential bonding factor that enhances the family relationships but what if it turns out to be an unhappy family due to many different reasons and ultimately suffers and leads to a courtroom.

Introduction:
About Ancient India: According to the Consensus in modern genetics, modern humans first came on the Indian sub-continent from Africa between 55,000 to 75,000 years ago. Settled life which involves transition farming and pastoralism began in South Asia around 7000 BCE. Around same time, Indo- Aryan tribes moved into Punjab from central Asia in the ways of migration. The Varna System which evolved into the caste system.

The composition of Vedic Text ended around 600 BCE, when a new interregional culture arose. The second urbanization took place. This urbanization was accompanied by the rise of new religious concepts including Jainism and Buddhism, which later opposed by the Brahmanism (the Brahman priests) which were associated with the Vedic religion. This gave rise to new religious concepts.

As these movements were succeeding, Brahmanism which was preexisting gave rise to Hinduism.

Family during Ancient India:

Family was like a social organization during ancient India. It was usually a joint family back then including brothers, uncles, cousins, nephews which were living under one roof as a one group and were closely linked with each other. They even had an immovable property in common.

Role of children in ancient India:

Children were considered precious and very important as they were the future of our Nation. It was important for them being healthy, intelligent, well mannered, socially active, well-educated and were considered very essential.

Joint Family System in India:

Indian Joint Family includes three - four generations, including grand-parents, parents, uncle, aunts, nieces and nephews all living together under the same roof utilizing kitchen in common family and contributed by all the family members. The entire family members are bound mutually and have one common ancestor.

Absolute power of the Head Ancestor:

The eldest person of the joint family enjoy the absolute power over all the other members. In every way his status, respect and his decision is considered as final upon all the family members.

Inferior standard of living:

Inferior standard of living as due to the pitiful condition of women, due to lack of concealment and their improper care for themselves as well as their property.

Daughter's rights in Hindu succession Act, 2005:

On September 2005 the Hindu Succession Act 1956 which governs the devolution of property among Hindus, was amended. According to the 2005 act every daughter married or unmarried is considered as the member of the father's Hindu Undivided Family and can even be appointed as 'karta' of Hindu Undivided family property.

The amendment now grants daughters the same rights, duties, liabilities that were earlier limited to sons. Earlier, according to the ruling, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 2005 and the daughter is eligible to be a co- sharer only if the father and the daughter were alive on September 9, 2005. However, on February 2, 2018 Supreme Court has made it general rule that a daughter, living or dead, on date of amendment will be entitled to share in father's property, thus making her children too to claim this right.

Case law:
Munni Lal Mahto and Ors. vs Chandeshwar Mahto and Anr
Facts:
The joint Hindu family had a property disposable to them. Each member of the family (father, mother, five brothers and three of their children) was given 1/7th of the property, after the preliminary decree in the partition suit. Later, the father executed a registered gift deed for his share (1/7th of the property) in favour of four of his five sons (the fifth son had passed away). He died subsequently after the deed was registered.

The mother did the same with her share and died later. During the preparation of the final decree, one of the brothers and his son contested the previous decision. They wanted everyone to receive 1/5th of the property and not 1/7th, as both their parents and their brother had passed away.

Issue:
  • The validity of the gift deeds made by the parents.
  • The effect of severance of status on the partition of property and coparcenary rights.

Judgement:
Initially, the trial court held that a gift by a coparcener without the consent of the other coparceners is void. Hence, it ordered the preliminary decree to be amended and read as 1/5th of the property to each member. But this case was taken to the Supreme Court for appeal. The Supreme Court held that the gift deeds were valid and that the members would get their shares according to the gift deeds.

Analysis:
This fact cannot be denied that the coparceners hold a right over the family property under the Hindu law. Hence, any gift made by a coparcener to another member of the family without the consent of other members will be void. As the interests of the coparceners in a joint family are undefinable, this provision is justified. However, after the joint family is severed, the coparcenary interests come to an end. The joint family was severed after the preliminary decree was passed.

Hence, coparcenary rights came to an end. After the severance of status of the joint family, members are free to gift their share, as they become common tenants of the property. The partition of the property after the preliminary decree amounted to the severance of status. The gift deeds were registered after the preliminary decree was passed. During this time, there were no coparcenary rights with any member of the family.

It is very clear from the above-mentioned case law that, the preliminary decree led to the partition of the family property. The status joint family stood disrupted after the decree was filed. The parents executed their respective gift deeds after the passing of the preliminary decree. They were well within their rights to do this as they were no longer coparceners. The severance of status was well-established. The gift deeds were valid and not void. Hence the final decree would read as per the wishes of the parents.

Addition and removal of members in Joint Family System:

Due to Rural to urban migration, fundamentals of families and higher rate of divorce, tend to have single member in the households. As the process of family formation and dissolution has taken place it has become more fast than before that the younger people have become more progressive and tend to handle the household work by their own.

Now-a-days career oriented men and women of the house who are confident and can take their own decisions for themselves and their family has greatly contributed into their joint family as well.

Top most of the family 'Karta':

'Karta' is the doer of the joint family. A person who takes care of the property and all the expenses, looks after and protects the family. A karta can be the eldest male member of the family. Until he is alive or aged he'll continue to be the 'karta' of the family. Once he dies 'kartaship' will pass on to the next senior person of the family.

Powers of the Karta:

He has the power of management, as the head of the family the powers are absolute. He can manage allthe family affairs, property as well as the business. As long as the family lives together the member who works in the family business must hand over the income to the karta of the family. Until then no one can ask for any kind of share from the income. Karta has also the right to represent the family in the social gatherings legal or religious places and in all the matters related to the family. He also has power to compromise all the legal problems and disputes related to the family property or its management. He also has power to enter into the contract and such contract is lawful and enforceable against the family.

Fresh Member addition in the Hindu Undivided Family: Hindu undivided family is automatically created at the time of marriage. Hindu, Jain, Sikhs and Buddhist can form Hindu Undivided Family. One member cannot constitute the Joint Hindu Family.

Hindu undivided family case law:

Kapurchand Shrimal vs. Commissioner of Income Tax . ( 28 Aug, 1981):
The judgement of the court was delivered by justice Venkataramiah. Considering the six appeals by certificate is whether an order of assessment passed under the Indian Income tax, Act 1922. In the case of Hindu Undivided family without holding any inquiry into the validity of the claim made within the correct time at the time of partition takes place among the family.

Joint Hindu Family is not a Juristic Person:

Joint Hindu Family is neither a corporation nor a juristic person as they do not have a separate legal entity from that of its Members . It is a unit and is represented by the Karta of the family in all matters.

Case Law: Chotelal and others vs. Jhandeylal and Anr. :
Hon'ble Justice G.C. Mathur, Hon'ble Justice Satish Chandra and Hon'ble Justice A.K. Kirty
S.N Agarwal , Advocate:
For Respondents N.D.Ganguly Advocate -

The appeal was succeed and was allowed in the part. The decree was modified. The plaintiffs suit for partition decreed for half share in the house and one third share in the tenancy holding. Under the circumstances of the case, the parties bears their own costs throughout .

Difference between Hindu Joint family and Hindu Undivided family:
An Hindu Undivided family includes all the members who has one common ancestor which includes their wife and daughters . Son-in - law and Daughter-in -Law are not part of Joint family. The concept of joint Hindu Family and Hindu Undivided family are the similar terms except in the case of reunion and adoption.

Hindu Undivided Family defined as the 'person' under section 2(31) of Income Tax Act:

Under Hindu Law, Hindu Undivided Family is a family which consist of all the people lineally descended from one common ancestor - including wives and unmarried daughters. An HUF cannot be created under any contract it is automatically created in the Hindu family.

Conclusion:
The Joint Family System still continues to exist in modern day , yes its breaking down in cities but still continues around into the rural areas .It cannot be said that system has been putted up an end to it but it still exist today facing challenges together in a new and modified form.

Plagiarism Report:
Words : 1800
Date: 20April,2022
Characters: 8930
URL- https://www.youtube.com/watch?v=G_CUnGXQTvU
Plagiarism: https://www.worldhistory.org/india/
Case law
Munni Lal Mahto and Ors. vs Chandeshwar Mahto and Anr

Unique-Plagiarized Sentences
Unique Sentences :
Presence or availability and care is the most essential bonding factor that enhances the family relationships but what if it turns out to be an unhappy family due to many different reasons and ultimately suffers and leads to a courtroom.

Inferior standard of living:
Inferior standard of living as due to the pitiful condition of women, due to lack of concealment and their improper care for themselves as well as their property.

Analysis:
This fact cannot be denied that the coparceners hold a right over the family property under the Hindu law. Hence, any gift made by a coparcener to another member of the family without the consent of other members will be void. As the interests of the coparceners in a joint family are undefinable, this provision is justified. Written By: Devyani N.Nikam (S.Y.LLB)

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