File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Hindu Joint Family And Mitakshara Coparcenery

Mitakshara coparcenary is one of the Hindu law schools that governs the succession of property in a Hindu family. The Mitakshara school of thought holds that the son, grandson, and grandson's son have a right to the family property through birth. Where as a combined Hindu family is an inescapable and basic idea in Hindu family law, which is today governed by the Hindu Succession Act of 1956. It is quite frequent in Hindu society. For a Hindu, it is a never-ending process; if it is halted in one generation due to partition, it will re emerge in the next. This rule validates the premise that every Hindu family is a Joint Hindu family.

According to Rukhmabai v. Lala LaxmiNarayan and Rajagopal v Padmini, a family is regarded to be a joint family if it is joint in concerns of food, worship, and estate. Even if a family does not share food and worship, i.e. if they live separately, they are still considered a Joint Hindu family if they share the estate. A Joint Hindu Family, as found in the case of Chhotey Lal and Ors. v. Jhandey Lal and Anr., is neither a business nor a juristic person because it lacks an independent legal entity from its members. It is a unit that is represented in all matters by the family's Karta.

A joint family, according to the Oxford Dictionary, is an extended family made up of two or more generations and their spouses who live together in a single residence. Likewise, the Hindu Joint Family consists of a common ancestor, his lineal male descendants, and their wives, daughters, and so on. So. while a common ancestor is required for the formation of a joint family, this does not imply that a common ancestor is required for its continuation; rather, if a common ancestor dies, there is always an addition to the lower link of the Family. So, just when an upper connection is lost, the Joint Family is not over.

Mitakshara Copercenery

The term 'Coparcenary' is used in Hindu succession law. It is a smaller division or organisation inside a Joint Hindu Family that only deals with property issues, specifically the coparcenary property of a Joint Hindu Family.

Mitakshara School:

  1. Benaras School,
  2. Mithila School,
  3. Maharashtra School, and
  4. Dravida School are some of the schools in Benaras.

Composition:
Coparcenary, as opposed to Joint Hindu Family, consists of all male lineal descendants of the last holder of the property up to three generations. The coparcenary is made up of up to three generations, namely son, son's son, and son's son's son, with the senior-most member designated as the 'last holder.' There can be any number of male members in a given generation. Every coparcenary member is linked to another via blood or legal adoption.

As stated in Sudarshan v. Narasimhulu, it is a well-established law that no one can become a coparcener through marriage or other arrangement to become a coparcener because coparcenary is a legal formation. The Hindu Succession Act of 1956 prohibited the appointment of any female members.

Who can be coparceners:

To begin a coparcenary, the presence of the senior-most male member is essential, just as it is in a Joint Hindu Family. A coparcenary must have at least two male members in order to establish and even survive. In a coparcenary, top links are removed and lower links are added to the chain, just like in a joint Hindu family, as long as there are at least two male members (coparceners), retaining the status of a joint family.

A male member born within three generations of the property's last holder (for a total of four generations) immediately becomes a coparcener, i.e. it is a right by birth in the family property. When does it comes to end ( termination) The death of all male members of the family or the lone surviving coparcener, or the division of the family, terminates the coparcenary.

Essentials:
  • A coparcenary requires the presence of property. If a son acquires his father's property during his father's lifetime, that property is inherited as Joint family property by his son after his father's death, and this is maintained in perpetuity.
  • Prior to 2005, only men may be coparceners.
  • A coparcener's insane son is also a coparcener, although he lacks the right to apply for partition.
  • Coparcenary property is subject to the rule of survivorship, which means that when a coparcener dies, his part in the joint family property falls to the surviving coparceners rather than following the law of succession. There is a variation in the number of coparceners due to the constant addition and deletion of coparceners during birth and death.

Illustrations:
  • 'A,' for example, has two sons, B and C.
  • They will each receive one-third of the share in the case of a division.
  • If 'B' dies, the shares of 'A' and 'C' grow to one-half each, while 'B' is divided among the remaining Coparceners.
  • If 'A' has two more sons, 'D' and 'E,' and the estate is split among A, C, D, and E, each will receive one-fourth of the estate.
  • Coparcenary within a coparcenary can exist in the same way as many coparcenaries can exist within various branches of a family.

Coparcenary under Mitakshara school of joint familyThe coparcener obtains a birth right to the property of the Joint Family, however the main issue is that.The rate of interest at which they can be purchased will be erratic and unpredictable. That is, until the divide in the middle is done.

The combined family's property portion will not be formed or determined. The interests of people will ebb and flow, and Because birth and death might happen in the family, each person's share can be unpredictable will have an impact.

Case law:
The court ruled in Moro Vishwanath v. Ganesh Vithal that a partition could be claimed by someone who is one more than four degrees removed from the acquirer, but not by someone who is one more than four degrees removed from the last owner. This is due to the fact that the coparcenary extends four degrees beyond the previous owner. The Court stated the principle using the following examples:

Figure 1: Assume A, the original owner, and his lineal descendants, B (son), C (grandson), and D (grandson) form a family (great-grandson). D has two sons, E and F, and E also has two sons.

For example, suppose B and C are killed in a car accident. E and F are still unable to ask for partition or sue their father for it.

If A dies, they can request partition as well because they are now coparceners.


Rights of coparceners

Coparceners have the following benefits
  • Maintenance:
    Everyone has the right to maintenance in a shared family property. Female members, those who are disqualified from receiving a share of the family's income, and unmarried daughters will all receive maintenance from the Joint family.
     
  • Challenge Allination:
    The right to oppose alienation refers to the transfer of property for any legal reason or for the benefit of the estate. The coparcener, Karta, and single living coparcener have the right to alienate the property in order to settle family debts or to meet any other legal requirement of the Joint family.
     
  • Partition:
    The property will be forfeited if the above-mentioned person alienates it with unlawful intent or without justification.


Classification of Mitakshara:

  • Apratibandha Daya (unobstructed ancestry)
    Is a trait acquired from a direct male ancestor but no more than three generations higher. According to the ruling in Radha v Ram8, the property can be obtained by son and son's son through the interest of birth. According to the notion, survival devolved heritage.
     
  • Sapratibandha Daya (Obstructed Heritage)
    Property inherited from any other relatives, such as a paternal uncle or brother, nephew, etc., through inheritance.

According to Hindu law, the property is further partitioned as follows:

Joint Family Property:

Is an important aspect of Hindu Joint Families. The majority of these characteristics are passed down from ancestors or ancestresses.

Separate Property:

This property will be handled by individuals.

Hindu joint family:

It covers all family members, including all male relatives descended lineally up to any generation from a common ancestor, as well as their mothers, wives, widows, and unmarried daughters.

Case laws:
  1. As stated in Surjit Lal Chhabda v. CIT. Until she marries, a girl remains a member of her parents' joint family. When she marries, she joins her husband's Joint Hindu family.
     
  2. If the daughter's husband abandons her or she becomes a widow and returns to her father's home permanently, she rejoins the Joint Hindu family. Her children, on the other hand, stay in their father's Joint Hindu family and do not join the mother's father's Joint Hindu family.
     
  3. In the case of Gur Narain Das v. Gur Tahal Das, it was decided that even an illegitimate offspring of a male descendant is regarded a part of his Joint Hindu family.

The status of being a member of the Joint Hindu Family may be revoked in the following situations:

  1. By becoming a member of a different religion or faith
  2. Marriage to a non-Hindu (a person who is not Hindu as per Section 2 of the Hindu Marriage Act, 1955 which include a Muslim, Jew, Parsi or Christian by religion).
  3. By capable parents placing their child for adoption with a third party.
  4. Because of a daughter's marriage.

Illustration:
If A and B are brothers, then C and D are A and B's wives. A Joint Hindu household consists of four members. If A and B are murdered in a car accident, C and D can carry on the Joint Hindu family if either of them is pregnant with their husband's child or if they choose to adopt a male child.

Karta

Karta can be any of the following members in the Joint Family:
Most Senior Male Member: According to Shreeama v. Krishavenanama, the Senior Male Member can be Karta and hold the Kartaship without the Coparceners' agreement or consent. Junior Male Members: It was stated in Narendra Kumar v. Commissioner of Income Tax that Junior Male Members With mutual understanding or consent among coparceners, males can become Karta. It was decided in the case of Investments (P) Ltd. v. Santokh Singh that the Junior Karta would not be permitted to file a lawsuit.

Harihar Sethi v. Ladu Kishore Sethi was pronounced by the Orissa High Court to be a junior coparcener. A junior member can be Karta if the senior most coparcener waives his claim to it. Karta transforms into Karta.

Female Member: It was discovered in the case of Pandurang v. Pandurang that females might be Kartas. The adult male member has gone missing. In the matter of Commr. of Income Tax v. Seth Govind Ram, it was decided. Women are not allowed to hold the position of Karta, according to Hindu law. It's the bit where you say you're breaking the law.

Powers of Karta

Karta can be any of the following members in the Joint Family:

Most Senior Male Member: According to Shreeama v. Krishavenanama, the Senior Male Member can be Karta and hold the Kartaship without the Coparceners' agreement or consent.
  1. The ability to manage
  2. The ability to contract debt
  3. The ability to represent16
  4. The ability to make contracts
  5. The ability to send a dispute to arbitration
  6. Recognition's Influence
  7. Power of alienation.

Differences between Hindu joint family and mitakshara coparcenaryTo begin with, the number of members of a joint Hindu family is unrestricted, as is the distance of their descent from a common ancestor, whereas coparcenary is limited to only a few members of the joint Hindu family.

Second, a coparcenary is limited to male family members who are within four degrees of the common ancestor, whereas a joint family is unrestricted.

Finally, because coparcenary is a male-only institution, it comes to an end with the death of the last surviving coparcener, whereas a joint family continues beyond his death. It's possible that only women will be affected.

Fourth, while every coparcenary is a member of a joint family, this is not always the case, and not every joint family is a coparcenary.

Analysis:
Coparcenary idea under Hindu Law was mostly by the male member of the family where merely children, grandsons and great-grandsons son who have a right by birth, who has an interest in the coparcenary property.

No female of a Mitakshara coparcenary could be a coparcener but she would always be a part of the Joint Family. So under Mitakshara a son, son's son, son's son's son can a coparcenary i.e. father and his three lineal male descendants can be a coparcenery. Coparcenary and combined Hindu family are not synonymous to each other. Joint Hindu family implies a big institution which comprises of a common ancestor, his mother, wife, male descendants, their wives, widows and unmarried daughters below to any degree. It is based on the sapinda relationship of the members.

It is a creature of law, not of the act of parties. On the other hand coparcenary is a limited body which comprises only those male members who have the right by birth in the ancestral property and consequently, they enjoy the right to demand partition in such property. There is no limit to number of humans who can constitute it nor to their distant from the common ancestor and to their relationship with one another. The joint Hindu family is thus a broader entity consisting of a group of members who are joined by the time of Sapindaship originating through birth, marriage or adoption. The essential principle of Hindu joint family is Sapindaship.'

The illegitimate sons of a coparcener are not the members of a coparcenary, although they are entitled to maintenance. Since they are not coparceners, they do not enjoy the right to demand partition. But after the death of the father such illegitimate sons can claim partition and will be entitled to equal portion.

Conclusion
When a coparcener dies under Mitakshara law, his interest is joined with the other coparceners' interests. Only sons who were or who became coparceners inherited property. When Section 6 of the Hindu Succession Act of 1956 went into effect, it largely preserved this arrangement. It stated that if a male Hindu died after the Act went into effect, his stake in a Mitakshara coparcenary would go to the surviving members of the coparcenary, not the Act's beneficiaries.

However, a caveat was added to protect female children's interests. It stated that if the deceased had a Class I female relative (daughter, widow, mother, etc.) or a male relative claiming via such female kin, the deceased's interest would pass to them by testamentary (by will) or intestate (without a will) succession, rather than through survivorship.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Sexually Provocative Outfit Statement In...

Titile

Wednesday, Live Law reported that a Kerala court ruled that the Indian Penal Code Section 354, ...

UP Population Control Bill

Titile

Population control is a massive problem in our country therefore in view of this problem the Ut...

Privatisation Of Government Sector

Titile

Privatization of presidency Sector Although in today's time most of the services provided in ou...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly