1.Explain Mitakshara Joint Hindu family or Discuss Structure of Mitakshara JHF or Features of Mitakshara JHF During earlier ages, agriculture was the main source of income, which required many hands and legs to work together for the same. This resulted in evolvement of Joint Hindu family. The Joint Hindu families in India may be mainly classified into two heads. 1.Mitakshara Joint Hindu family 2. Dayabhaga Joint Hindu family. Mitakshara JHF is governed by rules contained in Mitakshara. Mitakshara is a running commentary on yajnavalkia Smrithi written by Vijnaneswara. Mitakshara law is applicable in all parts of India except the states of Assam and Bengal. Dayabhaga is JHF is governed by rules contained in ‘Dayabhaga’. Dayabhaga is a digest of all smrithis viz. Manu smrithi, Narada smrithi, Yajnavalkia smrithi. Mitakshara Joint Hindu family also known as Hindu Undivided Family is a peculiar institution recognized and followed by Hindu Society from ancient period. 1. Mitakshara JHF consists of a male, his wife, his unmarried daughters and his male descendants upto any generation(i.e; Sons, grand Sons, great grand sons and so on.), their wives or widows and unmarried daughters. The following diagram gives a clear picture of Mitakshara JHF M-(Common male ancestor) + his wife W and his unmarried daughters | Sons of M + their wives or widows and unmarried daughters | Son’s Sons of M + their wives or widows and unmarried daughters | 11. she continues to be a member of her deceased husband’s family.Joint family may or may not have properties. daughter ceases to be a member of the father’s family and becomes a member of her husband’s family. Membership of the JHF is a matter of law and cannot be a matter of agreement. 7.The members of the joint Hindu family are joint in food. if she returns to her father’s family and claims the bounty of the family.The Hindu undivided Family is recognized as an entity for the purpose of taxation including Income tax. 3. Even illegitimate son is a member of the father’s joint family. Even after her husband’s death. worship and estate and may own joint family property or individual properties. However.The JHF property or the coparcenary property is managed by Kartha of the family. A joint Hindu family consists of persons who live together. 2. the common male ancestor. 6. 15.They are entitled to be maintained by the family. marriage or adoption. she is entitled to the right of maintenance. Coparceners (4 male generations starting from the common ancestor ) only shall have the right over the ancestral property 12.Beneficial interests of surviving members will be increased by death of a member and decreased by birth of a new member. 14. 5.All members are entitled to reside in the family house. 8. 9. the joint family continues with other members until partition.On marriage. 10. and so on to any generation. 4. Possession of movable or immovable property is not an essential condition for existence of a joint family. Joint family status is the result of birth. 13. A member of JHF can keep individually acquired property called separate property. . Even after the death of M.Son’s Son’s Sons of M+ their wives or widows and unmarried daughters | Son’s Son’s Son’s Sons of M + their wives or widows and unmarried daughters. 3.Sons belonging to the fifth generation onwards are not coparceners but only members of the joint family. the system of joint family was abolished by the Kerala Joint Hindu Family System(Abolition) Act 1975 2. .Discuss Mitakshara Coparcenary 1. (3) Son’s Sons and (4) Son’s son’s Sons. Coparcenary consists of only (1) the father.The Coparcenary concept is based on the birth right of the sons over the ancestral property held by father.A coparcener’s wife and children of are entitled to reside in the family house and can claim maintanence out of coparcenary funds. 6.Coparceners only shall have the birth right over the ancestral property. They become coparceners on the death of the father who is holding the ancestral property. (2) sons. and unmarried daughters are not coparceners. 2005 the daughter of a coparcener is also a coparcener and she has the same rights and liabilities in the coparcenary property as those of the son. 7. Father | Sons | Sons’ Sons | Sons’ Sons’ Sons 5.The Hindu Succession (Amendment) Act. 2.The Mitakshara Coparcenary is a narrower body in the Mitakshara Joint family system. Only 4 generations starting from the father. 4.The mother.In Kerala. 8. wives or widows of sons. if it interferes with his enjoyment of the property. Each coparcener can claim partition of coparcenary property. A coparcener have the right to restrain unauthorized acts of other coparceners in the coparcenary property like erection of building etc. 13. Changes in doctrine of survivorship a. 16. A coparcener is entitled to acquire property in his own name known as his separate property. A coparcener can alienate his undivided share in the coparcenary property by gift. Hindu Succession(Amendment) Act 2005 abolished the Doctrine of survivorship and enacted Doctrine of intestate succession rule. 10.Coparcenary comes to an end by partition or death of a coparcener. The surviving coparceners are called reversioners.Explain Coparcenary within a coparcenary Under Mitakshara Law it is possible that there may exist separate coparcenaries within a coparcenary. 11.This doctrine of survivorship was modified by the enactment of ‘The Hindu Women’s Right to Property Act 1937. who manages the property. 12. she can enjoy the property during her life time and would go back to surviving coparceners after her death. 17. when he is continuing as a coparcener.The coparceners are having joint possession over the coparcenary property. This is called doctrine of survivorship. 15. it will be in actual possession by the seniormost coparcener called ‘Kartha’ of the family. 14. Legal heirs are not entitled to the property. On the death of a coparcener his interest in the coparcenary property will go to other surviving coparceners.9. as new birth decreases the share and death of a coparcener increases the share. b. A coparcener can ask for the account of management of the joint property. which provided that if a coparcener dies leaving his widow.The coparceners are having unity of ownership over the coparcenary property.. (Section 6(3)) 18. Though ownership and possession vests with coparcener. 3. .Coparceners cannot predict the quantum of individual share. mortgage or Sale as per section 30 of Hindu Succession(Amendment) Act 2005. A(Father) B generations A. the self acquired property will inherit to his heirs by succession and not to the surviving coparceners by survivorship.B. They are 1.F.D.E. Under Mitakshara Law property inherited by a male Hindu is divided into two classes.Son D (Son’s son) First E(Son’s son) coparcenary(4 including father- New coparcenary starting F(Son’s Son’s son) From E (on the Self acquired property Of C as ancestral property) To E. who has acquired property in his own name.Explain Apratibandha Daya and Sapratibandha Daya ‘Daya’ means heritage or property inherited by a person.F) C. 4.G G(Son’s Son’s son’s son) The above figure illustrates coparcenary within a coparcenary.On the death of a coparcener.C. Apratibandha daya or Unobstructed heritage . On his death the sapratibandha daya will devolve by succession and not by survivorship. Thus properties inherited by a male Hindu from his mother’s father. 1. Apratibandha daya or Unobstructed heritage All properties inherited by a male Hindu from his father. Sapratibandha daya or obstructed heritage All properties inherited by a male Hindu from any relation other than his father are called obstructed heritage or sapratibandha daya. Joint family property or coparcenary property. The holder of apratibandha daya cannot alienate the property. Sapratibandha daya or obstructed heritage. Separate property or self acquired property. His sons do not have any right over this during his life time.Joint family property . Or Explain Joint Family property and Separate property Under Mitakshara law property is classified into two heads.2. 2. 1. Explain different ways of acquiring properties in Mitakshara Law. brother etc obstructed heritage. father’s father and father’s father’s father are called unobstructed heritage or apratibandha daya. The holder of sapratibandha daya can alienate the property. This is also known as apratibandha daya or unobstructed property.The joint family property or Coparcenary property is that in which every coparcener is having joint interest and joint possession. IT is said to be obstructed because no birth right can be claimed over it. Ancestral property The property inherited by a male Hindu from his father. Obstructed Heritage or Saprathibanda Daya.If a coparcener without spending family funds recover lost joint family immovable property. a. it is called Blending and the property is called blended property. Recovered lost family property. The following are Separate Property:- 1. The whole as its separate property . 2. 2. sons. b.If a coparcener throws his separate property into the common stock after relinquishing the claims over it. grand sons and great grand sons will get birth right. Joint acquisitions properties acquired by joint labour of the coparceners will be presumed to be joint family property. Not so. Gifted property.Gift from friends or relatives. it will not become a coparcenary property. Income from ancestral property will also constitute ancestral property.Separate property or self acquired property No birth right over it. Doctrine of succession is applicable. Blended Property. Over this property. The joint family property may be classified into the following heads based on the sources from which it comes. 3.the property inherited by male from any relative other than father. only the owner has the right over it. father’s father’s father. c. he can take 1/4th of it or in case of movable property. But if the coparceners intentionally keep the jointly acquired properties as their deparate property. grand father or great grand father is known as ancestral property. It is the property in which the sons acquire an interest by birth. father’s father . Doctrine of survivorship is applicable. .4. 5. Income from Separate property 8. Self acquisitions. But in 1930 the Hindu Gains of Learning Act was passed and after this a gain of learning is a person’s separate property though joint family funds are used for his education. Sole coparcenery. 7. the Privy Council held that his salary was joint family property.Given to a particular individual is his separate property. The person when joint the civil Service. Gains of learning.By a person’s own labour without the aid of Joint Family Fund.Gains of learning means the acquisition of property made by means of education or training In Gokul Chand vs Hukum Chand a coparcener sent to England for special training at the expense of his family.If the Joint Family property devolves on sole survivor coparcener it’s become his own separate property. 6. Government Grants.