Hindu law holds various unique features with reference to family institutions and the joint family system is a very important aspect in understanding the functionality of this mechanism the joint family has numerous members with each individual owning their different property rights. In hindu joint family, the senior most male ascendant is the head of the family and is called the karta karta represents the family and acts on its behalf in a family consisting of the father and his children, father is the karta when he dies his eldest son becomes the karta. Consequently, all daughters born to coparceners in a hindu joint family living at the time the act came into force would become coparcener daughters (females) who had expired a day prior thereto, unfortunately, could not, because they would be covered by the law prior to the amendment. A comparison is made between the hindu law and the transfer of property act governing the alienation introduction a hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters [ 1 ].
Joint family property: in kanna gounder v arjuna gounder, air 2003 mad 157, the court held the prohibition against making the gifts by coparcener of his undivided interests in the coparcenery property continues even after the enactment of the hindu succession act. The power of the manager of a joint hindu family to alienate a joint hindu family property is analogous to that of a manager for an infant heir as observed by the judicial committee in hunooman persaud panday vs a son acquires by birth an interest equal to that of the father in ancestral property that the manager is acting in the particular. In this case, a hindu joint family owned a small portion of a big plot owned by the alienee, who approached the karta for the purchase of the joint family land, and offered him a higher consideration than the market value. The meaning of alienation with the consent of all the coparceners are as follows: where an alienation of the joint family property has been effected without any legal necessity or benefit to estate but the consent of all other major members to this effect has been obtained prior to such alienation.
Where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been. Joint family vsnuclear family system the joint family a joint family involves much more than people living under the same roof those of you who have experienced it will know its worth.
Alienation of a property for the common good of the family is a classic example of joint hindu families in india which is always ready to accommodate each other transfer of property without any justification is the ground for studying such laws. A hindu joint family or hindu undivided family (huf) or a joint family is an extended family arrangement prevalent among hindus of the indian subcontinent, consisting of many generations living under the same roof. Alienation is of vast practical utility as it gives a way of using the joint family property for the common use of the family and it is a classic example of the unique position of the hindu joint family which is always ready to help its members in times of need and who work together for common benefit 11 research methodology in the project. The karta of a joint hindu family being merely a manager and not an absolute owner, the hindu law has, like other systems of law, placed certain limitations upon his power to alienate property which is owned by the joint family.
A joint hindu family is the normal condition of hindu society, or atleast it was until the last few decades a joint hindu family is a group of relatives tied together by ties of kinship & marriage. A treatise on the tax implications of hindu undivided family (huf) shri k c singhal, advocate, vp, itat (retd) the law on taxation of hufs is a complicated branch of legislation and requires expert knowledge of hindu law. Property held in absolute severality as distinctive from property within joint family the fundamental concept of such a hindu joint family where there is a common male ancestor with his lineal descendants in the male line.
It has been laid down by their lordships of the privy council in hanuman kamat vs hanuman mandur that the alienation by a manager of a joint hindu family was not necessarily void but was only voidable if objections were taken to it by the other members of the joint hindu family. Hindu undivided family: the daughter as the inheritor the karta can take decisions about the expenditure and alienation of property even without the consent of the rest of the family, and can enter into contracts, compromises and take loans on behalf of the family. Introduction recently, the hon'ble supreme court of india (supreme court) in the case of dr ks palanisami (dead) vs hindu community in general and citizens of gobichettipalayam and others (civil appeal no 5924 of 2005 decided on 9 march 2017) ruled upon the issue of whether a testatrix had an 'absolute' right to deal with the properties under a 'joint and mutual will. If the manager of the joint hindu family alienates the joint family property, the remedy of the coparcener is only to file a suit for partition and recover possession of his share, even if the alienation is without legal necessity.
The karta has the power to manage the joint family business which involves the power to contract debt for family purposes, enter into contracts, refer matters to arbitration, enter into compromises, alienate joint family property, acknowledge debts and represent the business in suits concurrent to these powers is the duty, to render accounts. The income from agricultural land and other sources was enough to maintain the joint family, but to satisfy his desires and needs, he, on his own, recklessly entered into grain business, distribution of films and american futures. [635d] joint hindu family: joint hindu family consists of male members descended lineally from a common male ancestor, together with their mothers, wives or widows and unmarried daughters they are bound together by the fundamental principle of sapindaship or family relationship which is the essential feature of the institution.