07 December 2011
Dear Experts, What is the share for daughter in joint family property in karnataka. Here is lot of confusion.(which property are jointfamily property and which is ancestral) Thank U Nagarajachary Anekal, B,lore
07 December 2011
By definition a joint hindu family consists of all persons lineally descended from a common ancestor including their wives and daughters.The common ancestor is necessary for bringing a joint family into existence; for its continuance common ancestor is not a necessity.The death of common ancestor does not mean that the joint family comes to an end.A Hindu joint family is not a corporate. It has no legal entity distinct and separate from that of the members who constitute it.It is not a juristic person either. Hindu joint family is a unit and in all matters it is represented by its Karta[the manager].Within its fold no outsider, except by adoption, can be admitted by agreement or otherwise.It confers a status on its members which can be acquired only by birth in the family or by marriage to a male member.
Hindu joint family is also different from a composite family. Composite family was unknown to Hindu law. The institution of composite family is a creature of custom and owes its constitution to an agreement. Where two or more families agree to live and work together, pool their resources, throw their gains and labour into the joint stock and shoulder the common risk, there comes into existence a composite family.
A single male or female cannot make a Hindu Joint Family even if the assets are purely ancestral. For the purposes of assessment of tax, the Revenue Statutes use the expression, µHindu Undivided Family¶. This appears to be slightly different from the definition of a Hindu Joint Family.
This has been an accepted proposition from the beginning, that every Hindu Family is presumed to be a joint family.
The presumption is that the members of a Hindu Family are living in a state of jointness, unless contrary is proved.
The normal state of every Hindu Family is that it is joint family, presumably joint inFood, Worship and Estate.
Normally a joint family isjoint in food, worshipand estate, yet if it is not joint in food or worship or in estate, in any one or all of them, it does not necessarily imply that it has ceased to be a joint family.
Thus where three brothers owning a joint family house were working at three different places, it would be presumed that they constituted a joint family; simply because they are not living jointly does not lead to an inference that they do not constitute a joint family.
There is no presumption that joint family possesses joint property.
There is no presumption that the property held by a member of joint family or a business conducted by a coparcener is joint family business.
In Hindu law existence of joint property is not a condition precedent to the existence of joint family.
07 December 2011
Classification of property:..Property according to the Hindu Law may be divided as Joint Hindu Family Property, and Separate property. The Joint Family Property may be further divided as Ancestral property,and Separate property of its coparcenary members thrown into the common stock of coparcenary of all. Property jointly acquired by the members of a joint family with the aid of ancestral property is also joint family property. The term "Joint Family Property" is synonymous with "coparcenary property" Separate property means self acquired property.
The property self acquired by lineal ancestral shall be called "ancestral property "but it shall not be called legally as of necessity a "coparcenary property".So property inherited from father or from grand father or from great grand father shall be called ancestral but still property inherited from father in hands of son shall not be called coparcenary property but only personal property of the son inheriting it.
In old law barring STRIDHAN ladies did not inherit property.The succession was to devolved from one male to other down the line. There were two schools of succession Dayabhag Mitakshra. In Dayabhag property was to devolve in every case from father to son and the devolution was absolute.
But by Mitakshra School a concept was developed that if a property is begetted by great grand father and is inherited by grand father who leaves it to be inherited by father then all sons of such father acquire a right in the property by birth. Thus a property acquired by great grand father in the hands of father is not his personal property but he owns it in jointness of his sons,as sons acquire rights in such a property by birth.The father has right of managing that property as KARTA[manager].
On passing Of Hindu Succession Act the concept of coparcenary was kept intact. But in case a coparcener dying intestate his share was recognized to devolve upon his mother,widow,sons and daughters.But coparcenary was kept intact to be formed between only[the father and sons].
But later on many states amended this provision and laid that for formation of a coparcenary daughters would be treated as if they were also born as son and their right would be at par with sons.Many states did not amend then center it self amended recognizing daughters at par with sons for purposes of forming coparcenary.