(a) Concept of joint Hindu family and coparcenary under Mitakshara and Dayabhaga law and their incidents. Under Hindu Law when the Joint Family status comes to an end there is division of property among members and joint ownership of property comes to an end. Partition of the HUF property can be of two types under the Hindu Law i.e. Property rights of a daughter before 2005. It is so called because the accrual of the right to such property has no obstruction. The most important part under family law is Hindu Succession Act 1956. Their rights arise for the first time on the father's death. taxable entity under the Income Tax Act. Family Law – II PAPER CODE: 202 UNIT-I Joint Hindu Family a. Mitakshara and Dayabhaga b. NOTES ON JOINT FAMILY PROPERTY UNDER HINDU LAW Mitakshara school divides property into two classes,viz: 1) Unobstructed heritage:-Property in which a person acquires an interest by birth is called unobstructed heritage.

Academia.edu is a platform for academics to share research papers. Historically, for generations India had a prevailing tradition of the Joint Hindu Family or undivided family. Partition means ending the status of Joint Hindu Family. Secondly, the property to which the law of primogeniture applies, cannot be divided, e.g., a Raj. Whereas ancestral property refers to that property inherited by the ancestors. Intestate Succession and Inheritance Under Hindu Law. 3 Coparcenars are members of the Joint Hindu Family whereas all the members of Joint Hindu family are not Coparcenars. The term ‘Karta’ […] Intestate Succession and Inheritance Under Hindu Law.

The individual properties of coparceners in not subject to partition. Coparcenary property refers to a property inherited almost up to four generations of members from the Hindu joint family.

Introduction The position of the ‘Karta’ or the ‘manager’ of the Hindu joint family finds its roots in the ‘Patriarch’ of the ancient family units.

... and Property acquired jointly by the members of the family and, property acquired by the members of the joint family by the way if the ... wholly owned by the joint Hindu family unless the male inheritors agreed to do so. Historically, for generations India had a prevailing tradition of the Joint Hindu Family or undivided family. In the first category are coparceners. Dayabhaga School on Coparcenar and Joint Hindu Family : According to the Dayabhaga law, the sons do not acquire any interest by birth in ancestral property. In this blog post, Shambhavi Kumar, a student of Jindal Global Law School, Sonipat, analyzes the powers and responsibilities of the Karta of a Hindu Joint Family.

Joint family property.

By community interest one means that all the coparceners have an interest in the joint family property. total and partial. The joint family property is the subject to partition.

Law relating to blending of separate property with joint family property is well settled. Formation and Incident under the coparcenary property under Dayabhaga and Mitakshara c. Karta of Joint Family: Position, Powers and privileges; Alienation of property by Karta d. Debts – Doctrine of pious obligation and antecedent debts UNIT-II Partition a. Under Hindu Law, the law of property has a close relationship with the composition of family. Under Dayabhaga law, partition means- only division of property by metes and bounds. The system is an extended family arrangement prevalent throughout the Indian subcontinent, particularly in India, consisting of many generations living in … The concept of Joint Family under Hindu law as well as the HUF in Income Tax Act, 1961 is broadly the same. Joint family property – Presumptions with special reference to ‘Doctrine of Blending’ ... it shall be presumed to be joint family property. structure within which women's right to property was constrained. 3 Coparcenars are members of the Joint Hindu Family whereas all the members of Joint Hindu family are not Coparcenars. Under the Mitakshara school of Hindu law, it may be said that there is a literal presumption of love and affection in the family, i.e.

HUF is purely a creature of law and cannot be created by an act of parties (except in case of adoption and reunion). ... and Property acquired jointly by the members of the family and, property acquired by the members of the joint family by the way if the ... wholly owned by the joint Hindu family unless the male inheritors agreed to do so. Their rights arise for the first time on the father's death. In such a case, since an HUF already existed prior to 1956, thereafter, since the same HUF with its properties continues, the status of joint Hindu family/HUF properties continues, an Classification of property under Hindu Law only in such a case, members of such joint Hindu family are coparceners entitling them to a share in the HUF properties. Dayabhaga School on Coparcenar and Joint Hindu Family : According to the Dayabhaga law, the sons do not acquire any interest by birth in ancestral property. Intestate Succession and Inheritance Under Hindu Law. Intestate Succession and Inheritance Under Hindu Law.

there is a community interest in the family property. The Hindu property act recognises the concept of HUF, which means a family of persons who are lineally descended from a common ancestor and related with each other by birth or marriage.