Introduction
Welcome to the official blog of the Law Offices of Kr. Vivek Tanwar Advocate and Associates, where we are dedicated to providing litigation support services for matters related to the joint family. In today’s blog post, we aim to shed light on the prevailing issues surrounding families, the legal framework in place for their protection, and the steps we can take as a society to combat these acts. Join us as we explore this critical subject and empower you with the knowledge to protect your rights and safety.
Joint Family System
In Hindu culture, the joint family system has traditionally been a prevalent form of family organization. It refers to an extended family structure where several generations live together under one roof, sharing common resources, responsibilities, and a sense of kinship. The joint family system is governed by both social and legal principles under Hindu law. In a joint family, multiple members of the same family, including parents, children, grandparents, uncles, aunts, and cousins, reside together as a cohesive unit.
Key Features OF Joint Family
Key features of a joint family under Hindu law include:
- Co-residence: Members of a joint family typically live together in a common ancestral house. The family home is considered the nucleus of the joint family system.
- Common ancestry: Joint families are formed around a common male ancestor, usually the eldest living male known as the “Karta” or “Manager.” The Karta holds significant decision-making authority and manages family affairs.
- Mutual support: Joint family members provide emotional, financial, and social support to each other. The welfare of the family as a whole takes precedence over individual interests.
- Joint family property: Joint family property refers to the assets and properties owned collectively by the entire family. This includes ancestral property, acquired property, and any other assets held jointly by the family members. The concept of joint family property is governed by the Hindu Succession Act, which outlines rules regarding inheritance and partition of property within the family.
- Coparcenary: Coparcenary is a concept specific to Hindu law that governs the inheritance of ancestral property. In a joint family, the male members up to four generations (lineal descendants from a common ancestor) have equal rights to the ancestral property. Each coparcener has an undivided interest in the property and can claim a share in it.
- Right to maintenance: Under Hindu law, family members, including dependent parents, wives, and children, have a right to maintenance from the joint family property. This ensures that all members are provided with financial support for their sustenance and well-being.
- Obligations and duties: Joint family members have certain obligations and duties towards each other. These include respecting elders, contributing to the family’s welfare, and maintaining harmony within the household. The head of the family, usually the eldest male member, has the authority to make decisions concerning the family’s affairs.
- Succession and inheritance: In a joint family, succession and inheritance follow the principles of Hindu law. The Hindu Succession Act determines the rules for the distribution of property upon the death of a family member. The concept of coparcenary allows for equal rights to ancestral property, while the acquired property can be divided as per the individual’s will or applicable laws.
Conclusion
Under Hindu law, the Mitakshara and Dayabhaga schools govern joint family matters. The Mitakshara school, followed in most parts of India, emphasizes ancestral property and coparcenary rights. In contrast, the Dayabhaga school, followed primarily in Bengal, focuses on personal property and individual rights. The legal framework governing joint families under Hindu law has undergone significant reforms in recent years to ensure gender equality and address other concerns. These reforms include amendments to the Hindu Succession Act, which have expanded the rights of women and daughters in matters of inheritance and property ownership within the joint family system.
We are a law firm in the name and style of Law Offices of Kr. Vivek Tanwar Advocate and Associates at Gurugram and Rewari. We are providing litigation support services for matters related to Family laws. We have a website on which we publish blogs informing the litigants about the said laws. Draft a blog which can be published on our website…..
Written by: Adv. Priyanka Goel (D/945/2020) .