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----------required many hands and legs to work together for the same.----------- resulted in Joint Hindu family--------------Mitakshara and Dayabhaga systems-------------- Mitakshara JHF is governed by rules contained in Mitakshara------------- Mitakshara is a running commentary on yajnavalkia Smrithi written by Vijnaneswara.------------- Mitakshara 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 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.----------- Joint family status is the result of birth, marriage or adoption-------- JHF is a matter of law not by contract------------- joint in food, worship and estate------------- each member entitled to be maintained----------- Possession of movable or immovable property is not an essential condition----------- illegitimate

son is a member------------ On marriage, daughter ceases to be a member of the father’s family and becomes a member of her husband’s family--------------------- Coparceners (4 male generations starting from the common ancestor ) only shall have the right over the ancestral property----------- A member of JHF can keep individually acquired property called separate property---------- managed by Kartha of the family----------- joint family continues with other members until partition--------------------------JHF system was abolished in Kerala by Joint Hindu Family System(Abolition) Act 1975.)
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 | 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. and so on to any generation.

2. A joint Hindu family consists of persons who live together. Joint family status is the result of birth, marriage or adoption. 3. Membership of the JHF is a matter of law and cannot be a matter of agreement. 4.The members of the joint Hindu family are joint in food, worship and estate and may own joint family property or individual properties. 5.All members are entitled to reside in the family house. 6.They are entitled to be maintained by the family. 7.Beneficial interests of surviving members will be increased by death of a member and decreased by birth of a new member. 8.Joint family may or may not have properties. Possession of movable or immovable property is not an essential condition for existence of a joint family. 9. Even illegitimate son is a member of the father’s joint family. 10.On marriage, daughter ceases to be a member of the father’s family and becomes a member of her husband’s family. Even after her husband’s death, she continues to be a member of her deceased husband’s family. However, if she returns to her father’s family and claims the bounty of the family, she is entitled to the right of maintenance. 11. Coparceners (4 male generations starting from the common ancestor ) only shall have the right
over the ancestral property

12.The Hindu undivided Family is recognized as an entity for the purpose of taxation including Income tax. 13. A member of JHF can keep individually acquired property called separate property.

14.The JHF property or the coparcenary property is managed by Kartha of the family. 15. Even after the death of M, the common male ancestor, the joint family continues with other members until partition. In Kerala, the system of joint family was abolished by the Kerala Joint Hindu Family System(Abolition) Act 1975

2.Discuss Mitakshara Coparcenary

(Mitakshara Coparcenary is a smaller body in the Mitakshara JF system----------It is based on the birth right of the sons over the ancestral property----------- coparceners only shall have the right over the property--------------consists of 4 male generations starting from a common male ancestor ie. Father—Son—grandson--------great grandson-----------5th generations onwards are members only, no coparceners----------but becomes coparcener on the death of the father----------- wife and children can reside in the family house and can claim maintanence------------By The Hindu Succession (Amendment) Act, 2005 the daughter of a coparcener is also a coparcener------------ common ownership and possession of property------------- new birth decreases the share and death of a coparcener increases the share------------ property in actual possession by ‘Kartha’ of the family, who manages the property----------can claim partition of coparcenary property----------- right to restrain unauthorized acts of other coparceners----- ask for the account of management---------------coparcener can alienate his undivided share----------The Hindu Women’s Right to Property Act 1937, widow can enjoy the property during her life time and would go back to surviving coparceners after her death---------------Hindu Succession(Amendment) Act 2005

They become coparceners on the death of the father who is holding the ancestral property.) 1. (3) Son’s Sons and (4) Son’s son’s Sons.The Coparcenary concept is based on the birth right of the sons over the ancestral property held by father.Coparceners cannot predict the quantum of individual share. 11.Sons belonging to the fifth generation onwards are not coparceners but only members of the joint family. 10. Though ownership and possession vests with coparcener. who manages the property. Father | Sons | Sons’ Sons | Sons’ Sons’ Sons 5. wives or widows of sons.The mother. Coparcenary consists of only (1) the father. 3.abolished the Doctrine of survivorship and enacted Doctrine of intestate succession rule.-------. Only 4 generations starting from the father. as new birth decreases the share and death of a coparcener increases the share.comes to an end by partition.The coparceners are having joint possession over the coparcenary property.The coparceners are having unity of ownership over the coparcenary property. 9. 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. 12. 7.A coparcener’s wife and children of are entitled to reside in the family house and can claim maintanence out of coparcenary funds. 8. 4.The Hindu Succession (Amendment) Act. . (2) sons. it will be in actual possession by the seniormost coparcener called ‘Kartha’ of the family. 2.Coparceners only shall have the birth right over the ancestral property.The Mitakshara Coparcenary is a narrower body in the Mitakshara Joint family system. 6. and unmarried daughters are not coparceners.

which provided that if a coparcener dies leaving his widow. b. mortgage or Sale as per section 30 of Hindu Succession(Amendment) Act 2005.Explain Coparcenary within a coparcenary (On the death of a coparcener. A coparcener can ask for the account of management of the joint property. On the death of a coparcener his interest in the coparcenary property will go to other surviving coparceners. 17. The surviving coparceners are called reversioners.. Legal heirs are not entitled to the property. A coparcener have the right to restrain unauthorized acts of other coparceners in the coparcenary property like erection of building etc.This doctrine of survivorship was modified by the enactment of ‘The Hindu Women’s Right to Property Act 1937. -------who has acquired property in his own name. Changes in doctrine of survivorship a. This is called doctrine of survivorship. A coparcener is entitled to acquire property in his own name known as his separate property. Hindu Succession(Amendment) Act 2005 abolished the Doctrine of survivorship and enacted Doctrine of intestate succession rule. On the death of a coparcener. Each coparcener can claim partition of coparcenary property. who has acquired property in his own name.) Under Mitakshara Law it is possible that there may exist separate coparcenaries within a coparcenary. 15. (Section 6(3)) 18. if it interferes with his enjoyment of the property. 14.13. 3. A coparcener can alienate his undivided share in the coparcenary property by gift. the self acquired property will inherit to his heirs by succession and not to the surviving coparceners by survivorship.------the self acquired property will inherit to his heirs by succession -------and not to the surviving coparceners by survivorship.Coparcenary comes to an end by partition or death of a coparcener. when he is continuing as a coparcener. . she can enjoy the property during her life time and would go back to surviving coparceners after her death. 16.

Explain Apratibandha Daya and Sapratibandha Daya (Daya’ means heritage--- .A(Father) B generations A. GFF are called apratibandha daya----.E.cannot alienate) -- (properties inherited by a male Hindu from from any relation other than his father.C.properties inherited by a male Hindu from his F. GF.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.Ex: mother.F) C.D. brother.G G(Son’s Son’s son’s son) The above figure illustrates coparcenary within a coparcenary.uncle etc are called Sapratibandha daya----------can alienate--------On his death the sapratibandha daya will devolve by succession and not by survivorship) ‘Daya’ means heritage or property inherited by a person.F.B. 4. .

Or Explain Joint Family property and Separate property Under Mitakshara law property is classified into two heads.Joint family property . The holder of apratibandha daya cannot alienate the property. Apratibandha daya or Unobstructed heritage All properties inherited by a male Hindu from his father. The holder of sapratibandha daya can alienate the property. Thus properties inherited by a male Hindu from his mother’s father. They are 1.Under Mitakshara Law property inherited by a male Hindu is divided into two classes. 1. On his death the sapratibandha daya will devolve by succession and not by survivorship. father’s father and father’s father’s father are called unobstructed heritage or apratibandha daya. 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. brother etc obstructed heritage. His sons do not have any right over this during his life time. 1. Explain different ways of acquiring properties in Mitakshara Law. Apratibandha daya or Unobstructed heritage 2. 2. Sapratibandha daya or obstructed heritage. Separate property or self acquired property. Joint family property or coparcenary property.

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 ---------.If a coparcener throws his separate property into the common stock after relinquishing the claims over it. But if the coparceners intentionally keep the jointly acquired properties as their deparate property.Blended Property-- coparcener throws his separate property into the common stock) The joint family property or Coparcenary property is that in which every coparcener is having joint interest and joint possession. This is also known as apratibandha daya or unobstructed property. Doctrine of survivorship is applicable. Over this property. . It is the property in which the sons acquire an interest by birth. Ancestral property The property inherited by a male Hindu from his father. The joint family property may be classified into the following heads based on the sources from which it comes. Over this property. c. sons.Income from ancestral property will also constitute ancestral property -----------. grand sons and great grand sons will get birth right. b. sons.keep the jointly acquired properties as their deparate property ---. a. Joint acquisitions properties acquired by joint labour of the coparceners will be presumed to be joint family property. it will not become a coparcenary property. Income from ancestral property will also constitute ancestral property.(Ancestral property-- apratibandha daya or unobstructed property-----------. Blended Property.--------------. grand father or great grand father is known as ancestral property. it is called Blending and the property is called blended property.

IT is said to be obstructed because no birth right can be claimed over it.By a person’s own labour without the aid of Joint Family Fund. But in 1930 the Hindu Gains . father’s father’s father.the property inherited by male from any relative other than father. Obstructed Heritage or Saprathibanda Daya.No birth right over it------.If a coparcener without spending family funds recover lost joint family immovable property. Recovered lost family property. Gifted property. Doctrine of succession is applicable.the property inherited by male from any relative other than father.Gift from friends or relatives.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.Sole coparcenery) 1. 2. GF or GGF ---------. father’s father . Self acquisitions. 5. he can take 1/4th of it or in case of movable property. Not so.Doctrine of succession applies------It is also called Saprathibanda Daya-------Gifted property------Recovered lost family property------Self acquisitions------Gains of learning--Government Grants---Income from Separate property---. the Privy Council held that his salary was joint family property. Gains of learning.2. 3. The person when joint the civil Service. The whole as its separate property 4. The following are Separate Property:- (Separate Property -----.Separate property or self acquired property No birth right over it. only the owner has the right over it.

6. daughter etc succeeds. No 1 SL. Income from Separate property 8.If the Joint Family property devolves on sole survivor coparcener it’s become his own separate property. get right over the property of the deceased 2 3 4 5 6 7 Widow and daughter . Doctrine of survivorship is applicable – if a male dies the property is inherited by the surviving males entitled only to residence and maintenance Jeemootha Vahana Only in Bengal and Assam Matriarchal after the death of the father the son gets the right Doctrine of succession is applicable : legal heirs including wife . Government Grants. Sole coparcenery. Difference between Mitakshara JF and Dayabhaga JF SL. No Mitakshara Joint Hindu family Dayabhaga Joint Hindu Family What is it? written by Location Joint family Property right inheritance running commentary digest of all of Yajnavalkia Smrithi smrithis Vijnaneshwara Throughout India except Bengal and Assam is patriarchal A male child gets birth right over the ancestral property .Given to a particular individual is his separate property.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. 7.

8 Consists of Mitakshara coparcenary consists of males of 4 generation. death of the person’s father is the precondition Not so. GS. he has to give full accounts as and when required by the members 10 11 12 Kartha Doctrine of Survivorship: (applicable only in the case of Mitakshara coparceners--. F.Women’s Right to Property Act 1937 provided that the widow could possess and enjoy . Women have only limited rights During the lifetime of the father itself the son can claim partition or the share of its property for right over the ancestral property birth of the person is the pre condition Kartha more powerful Female also be coparcenaries 9 Women Share of property Not so Only after death of Father son gets right.Son. GGS starting from common male ancestor F.ancestral property will not be vested in the heirs by succession-------But upon the other surviving coparceners-------Legislature diluted the doctrine-------- .

But upon the other surviving coparceners.) This doctrine is applicable only in the case of Mitakshara coparceners.As per this Act. Hindu’s Women’s Right to Property Act 1937 provided that the widow could possess and enjoy the property as a limited estate ( Property rights are not absolute). She cannot alienate the property and after the death her property goes to the surviving coparceners of her deceased husband’s family.g. to discharge the liabilities. Subsequently. 1956. his interest will be transferred as per provisions of the Act. (S (6)). Hindu Succession Act. 1956.This is called Doctrine of Pious Obligation----------but liabilities don’t extent to the whole debts--------- . GGF--------. if the deceased coparcener has left behind a female or male relative mentioned as class1 heirs. The deceased coparcener’s ancestral property will not be vested in the heirs by succession. his interest will not be devolved by survivorship but in accordance with the provisions of the Act. if the deceased coparcener has left behind a female or male relative mentioned as class1 heirs. 1.the property as a limited estate-----------As per Hindu Succession Act.of F. which would follow the spirit of the debtor in the other world-----------. legislature interferes and diluted this doctrine E.S (6). DOCTRINE OF PIOUS OBLIGATION (As per the ancient Hindu law ------------non-payment of a debt is a sin.GF.law imposed an obligation upon the son. Such persons to whom the property is vested are called Reversioners. 2.

for gambling etc  Vyavaharika debts contracted for the purpose of Joint family business expenses. for the marriages of a person (daughter) etc. grandfather and great grandfather. for Avyavaharika Debts: Debts incurred for liquor.  It was regarded by the Hindu that non-payment of a debt is a sin and its consequence would follow the spirit of the debtor to the other world. for gambling etc) As per the ancient Hindu law. to discharge the liabilities of father. a son has a pious obligation to pay-off the debts of his father.g.only to Vyavaharika Debts like debts for Joint family business expenses+for the marriages of daughters etc----------------not liable for avyavaharika Debts like Debts incurred for liquor. The son has to discharge only the Vyavaharika Debts and not liable to discharge Avyavaharika debts (debts contracted for a cause repugnant to good morals)  E. DOCTRINE OF ANTECEDENT DEBTS (father can alienate joint family property for Legal necessity and benefit of the estate----------.  But the liabilities of the son don’t extent to the whole debts contracted by the father.  Under the modern law liability of the son to discharge the liabilities of the father is limited to the extend of the assets received by him. This is called Doctrine of Pious Obligation. for a concubine (keep).not for any other purpose---------------This already existing . for a concubine (keep).  Hence law imposed an obligation upon the son. Thus if a Hindu dies without discharging his liabilities his soul has to face evil consequences.

The sons cannot challenge or impeach the alienation made by the father for discharging antecedent debt and the sons become bound by such alienation.debts are antecedent debts-------------The sons cannot challenge or impeach the alienation made by the father for discharging antecedent debt) As per the ancient Hindu law.( e.e. KARTHA – FUNCTIONS AND POWERS (Possession and management of family property----------Right to Representation-----------to contract debts------------to manage family business------------to compromise------------------------.g. 2 Legal necessity For the benefit of the estate This alienation cannot be challenged by the sons and it becomes binding upon them. father can alienate joint family property only on the following two grounds:1. But if the property is alienated for any other purpose the sons are not bound. the debt is really prior debt in point of fact and time. As a general rule.to refer a dispute to arbitration------------to acknowledge debts except time-barred . father mortgaging the property and using the money for his personal purpose) When father alienates Joint Family Property to discharge a debt which already exists the debt which is discharged is called Antecedent debt i.

The powers of Kartha can be summarized as follows: 1. Kartha can alienate (by sale.debt----------------to alienate Joint Family Property for Legal Necessity& Benefit of the estate) The manager of a joint Hindu Family is called KARTHA. mortgage etc) without the consent of others.  7. religious matters. the senior most male member becomes the Kartha. can sue and be sued on behalf of the family. Kartha can refer it for arbitration.Power to acknowledge debts except time -barred debt.To represent the family in all legal social. management and the power to collect income from the property.Power to compromise – He can enter into a compromise of disputes relating to property.This power is not unlimited.  5. the Kartha represents the family in all matters.  8. Kartha can start a new business only with the consent of the others.  Power to manage family business.If there is no joint family business. can enter into contracts on behalf of the family and can mange the family business. But under the following two circunstances. In the Commissioner of Income Tax vs Seth Govind Ram. In a Joint Family. the Supreme Court held that only males can become Kartha. Kartha is having the actual possession of the property.  Right to Representation.For the purpose of settling disputes. In a joint family system if the father is alive father is the kartha. ( Hanuman Prasad’s case the Privy Council held) .Power to alienate Joint Family Property.  Power to contract debts.  6. In ordinary cases the consent of the other members must be sort out. debts and litigations.Power to refer a dispute to arbitration. After his death.For the genuine purposes of the family he can contract vyavaharika debts. Possession and management of family propertyThough all coparceners are entitled in joint ownership and possession.

Marriage expenses of daughter.1. Hence he has a: 1. Sale of a house in dangerous condition Kartha .Benefit of the estate : Sale of unproductive and inconveniently situated land for the purpose of purchasing fertile land.Legal Necessity : Payment of Govt. property is divided into specific shares--------. Duty to spend the funds in a reasonable manner and save for the family 4. revenue.) What is Partition –  It is the separation of the joint status by the members of a joint family. Duty not to make secret profit PARTITION (separation of the joint status---------. Litigation expenses. Funeral expenses. spend the funds in a reasonable manner---------. Duty to recover debts 3. not to make secret profit) Kartha is in fiduciary position. 2.modes of partition are --------By actual division ( by metes and bounds)---------By executing a partition deed. status of coparcener and member of joint family ceases--------. Duty to account 2. Construction of residential building for the family.recover debts---------. .Duties (Duty to keep proper account--------.

animals. well. animals. outstanding debts--- Maintenance of members---- ‘Marriage expenses)  Separate property of a coparcener  Family temples and idols  Properties indivisible by nature e. wearing apparels etc.Separate property-- => temples and idols.----- well.  The major modes of partition are -By actual division ( by metes and bounds)-By executing a partition deed. wearing apparels----. The remaining property is subjected to partition .  Payment of outstanding debts  Maintenance of members who do not take a share on partition  ‘Marriage expenses of daughters. Subject matter of partition The general rule is that the entire But provisions joint family property is liable to partition.  The status of coparcener and member of joint family ceases. for the following are given from the entire joint family property.g. (Entire joint family property except----. The joint family property is divided into specific shares which are allotted to the members.

By actual division -By metes and bounds.by suit for partition)  By agreement between the parties (if intention is clear in the agreement.to the other members . By actual division-----------.Minors--------.By giving notice------------. Female members though not entitled to demand partition.By suit for partition . By Arbitration-----------.By giving notice--. they can claim shares on partition. 4. specifying the intention to separate  5. Minors 3. Partition can be affected by anyone of the following ways: (By agreement----------.  4. adopted sons---------.Partition can be made through an award (arbitrator’s judgement)of the arbritator.female members not entitled to demand but can claim) 1.By Arbitration--.Persons having right to partition (Coparceners--------.Coparceners 2. Adopted son. it amounts to partition even in the absence of physical division.  3.)  2.

minor claiming unjust partition) The general rule is that the partition once made cannot be re-opened ie once a partition always a partition.except in cases of Son begotten at the time of partition. A disqualified coparcener.In the case of apostasy (religious conversion ) a member’s joint status is terminated. 2. E. An absent or missing coparcener can on his return re-open if share has not been reserved him. on the removal of disqualifications. though. can claim reopening.opened in the following cases. always a partition. -------unborn child-------------. A son begotten and born after partition can demand re. There are certain exceptions to this rule.-unsound. unsound coparcener----------.opening if his father though entitled to take a share has not reserved a share for himself.g. . always a partition---------. 1.partition once made cannot be re-opened----------. For Eg law it permits reunion. 3. 6. not born before partition can re-open it if a share is not reserved for him. Similarly partition once made can be re. A son begotten at the time of partition. missing coparcener------. Comment ) (Once a partition . RE-OPENING OF PARTITION (Once a partition . 4.

HINDU RELIGIOUS AND CHARITABLE ENDOWNMENTS (Endowments-----Property dedicated for a religious or charitable purpose -----. doctrine of Cypres(pronounced as Seeprey) is . It can be re-opened at the option of the coparcener whose consent is so obtained. 6.irrevocable)  When a Hindu dedicates his property for a religious or charitable purpose it is called endowments An endowment may be  Religious endowment (property dedicated to temples.  It is irrevocable. schools. asylums etc. monasteries deities (God) )  Charitable endowment (dedicated for constructing hospitals.5. schools.must be a major with a sound mind----------.male or female can make-------. cannot be carried into effect.  The dedicated must be a major with a sound mind . undue influence etc.religious (dedicated to temples.  If any objects for which the endowment is created .  A Hindu male or female can make endowments. Can be re-opened by minor on attaining majority if the partition made during the minority was unjust and prejudicial to his interest. monasteries deities)------Charitable (hospitals. If Partition was effected by an agreement and the consent was obtained by fraud coercion. misrepresentation. asylums etc)-------.

MUTT (Mutt---------Centre of religious instruction and philosophy-------------.applicable and hence the income from the property can be used for any other objectives as nearly as possible as the intention of the dedicator. etc. DEVASTHANAM PROPERTY (property is dedicated in favour of a deity is called DEVASTHANAM PROPERTY----.It is managed by Mahant or Madathipathi-------------.If he is found to be fraudulent.managed by a trustee----.can alienate the property only for legal necessity and benefit of the estate-----May appoint a poojari) If property is dedicated in favour of a deity the property is called DEVASTHANAM PROPERTY it is managed by a trustee called Shebiot (in Bengal) or Dharmakartha (In Tamil Nadu) or Urallen( in Malabar). dishonest.Eg Kanchi Sankarachariya Madathipathi’s case.It is a religious endowment------------. He can alienate the property only for legal necessity and benefit of the estate. court can remove him-.) . The founder of a temple may appoint himself or other person as Shebiat is different from Poojari.

It is managed by Mahant or Madathilpathi.-------------The income for maintaining his dignity.In rich joint families---------Marumakathayam law.Centre of religious instruction and philosophy. court can remove him. If he is found to be fraudulent. Eg Kanchi Sankarachariya Madathipathi’s case. It is a religious endowment.Sthanam property was regarded as impartiable estate which cannot be divided and partitioned.) . STHANAM AND STHANAM PROPERTY (“Sthanam” ---------“a position of dignity” ---------------. ---------------------But after the commencement of Hindu Succession Act 1956 the impartible nature has been abolished and as per Section 7 when a Sthani dies the property will be divided and distributed among the heirs. etc. the property is given to the successor in office-------------------. dishonest.----------------On his death. ----------------some properties set apart for the kaaranavar to keep up his dignity and social position.

 Property is not liable to partition.“Sthanam” literally means “a position of dignity” . her male and female children.kaaranavathi .  Income from the property will be the absolute property of the holder. Tharavad. Karanavan. the property is given to the successor in office .The senior most male member is called kaaranavan and senior most female member is called kaaranavathi-----------In the absence of kaaranavan . Sthanam property was regarded as impartiable estate which cannot be divided and partitioned. the children of the female children etc.---------. And as per Section 7 when a Sthani dies the property will be divided and distributed among the heirs.The children of male children did not belong to the Tharavad of his father but to the tharavad of his mother.------------. The concept of impartiable estate has been abolished by the Hindu succession Act 1956.In rich joint families governed by Marumakathayam law. The special features of impartiable estate under the ancient law  Junior members have no birthright over it. The income from such property can be utilized by the sthani or sthanamdar for maintaining his dignity.  It can be alienated only by the holder and that too only for legal necessity and benefit of the estate. Thavazhi (Marumakkathayam System prevailed among Hindu Nairs------system was matriarchal--------.joint family is called Tharavad----It consists of a mother. But after the commencement of Hindu Succession Act 1956 the impartible nature has been abolished.On his death.some properties were set apart for the kaaranavar to keep up the social position.

kaaranavathi can manage the family.  The senior most male member is called kaaranavan and senior most female member is called kaaranavathi. The issues (children) of male children did not belong to the Tharavad of his father but to the tharavad of his mother. the children of the female children etc.  The powers and functions are similar to that of kartha.  The joint family is called Tharavad. The powers of kaaranavan can be summarized as follows: (Possession and management of family property----------Right to Representation-----------to contract debts------------to manage family business------------to compromise------------.to refer a dispute .  It consists of a mother. her male and female children.can manage the family----------The powers and functions are similar to that of kartha)  In Kerala. Marumakkathayam System prevailed among Hindu Nairs.  In the absence of kaaranavan .  The system was matriarchal.

)with out the consent of others.Power to manage family business— If there is no joint family business. 3. Power to refer a dispute to arbitration—For the purpose of setting disputes .Though all members are entailed to joint ownership and possession .Power to compromise—He can enter into a compromise of disputes relating to property debts. 4 . 6. Power to acknowdge debts except time barred debts.to arbitration------------. litigations etc.to acknowledge debts except time-barred debt----------------to alienate Joint Family Property for anything except sale&mortgage 1. But under the following 2 circumstances . 5. karanavan can alienate (by sale mortgage etc.Possession and management of family property.kaarnavan can refer it for arbritation. 8. 2.kaaranavan is having the actual possession of the property management and the power to collect income from the property. Duties of karaanavan . 7. Right to Representation----To represent the family in all legal social and religious matters. Power to alienate joint family property -----This poweris not unlimited .In ordinary cases the consent of the other must be sort. Power to contract debts— For the genuine purpose of the family for contracting vyavaharika debts. karanavan can start a new business only with the consent of the others.

It consists of a group of descendants in female line of a female common ancestress who is a member of a tharavad.recover debts---------. 1956 .-------------consists of a group of descendants in female line of a female common ancestress who is a member of a tharavad----------------. Thus it is a unit of tharavad having its own separate property distinct from Tharavad properties. Duty to recover debts 3. not to make secret profit) Karanavan is a in a fiduciary position. Hence he has a 1.(Duty to keep proper account--------.) A ‘thavazhi’ is a branch of Tharavad . Duty to account 2. 4. spend the funds in a reasonable manner---------. Thus it is a unit of tharavad -------------having its own separate property distinct from Tharavad properties. The Kerala Joint Family System (Abolition) Act. Duty not to make secret profit. ‘thavazhi’ (A ‘thavazhi’ ----------branch of Tharavad . Duty to spent the funds in a reasonable manner and save for the family. 1975 abolished joint family system in Kerala HINDU SUCESSION ACT.

The Act contains elaborate provisions regarding the devolution of interest in coparcenary property .--------------If there was a partition. it is not a real partition. a deemed or notional partition is affected---------------. (Doctrine of survivorship). The presence of any of the relatives prevents his interest devolving by survivorship to the other coparceners. what would have been allotted to him as his share”?----------------The interest so calculated by notional partition shall be devolved by succession to his legal heirs as per Succession Act.A deceased coparcener of a joint family may have interest in the coparcener property as well as over self acquired property. Section 6 deals with the devolution of undivided interest of a male member of Mitakshi coparcenery.This interest is calculated by answering the following question. Section 8 to 13 deals with succession over self acquired properties of a male Hindu whether he is a coparcener or not. Doctrine of Notional Partition It is a theoretical calculation of the share of a deceased person just before his death.if a Mitakshara coparcener dies inestate. leaving behind a female relative or a male relative enumerated in class-1 of the schedule. .e.i.in the family property at the time of his death----. In order to find out the interest of a deceased coparcener---------------------.It deals with intestate succession of properties (movable as well as immovable) of a Hindu male or female. By virtue of a proviso to Section 6 . his interest will not devolved by survivorship but by succession as if it is his self – acquired property. just before his death.-------Only a theoretical calculation----------.

deceased son ---------------------------------W-PS Son of pre-deceased son of a pre-deceased son ---------.S PS PS Daughter of a pre-deceased son of a pre-deceased son ----.M --------------------------------.PS PS Secondly if there is no CLASS---1HEIR.They are No Class—1 heirs 1 2 3 4 5 6 7 8 9 10 11 12 Son Daughter Widow Mother Son of pre-deceased son -------------------------------------------------------------------- S D ----------------------------------. There are 9 entries.2 heirs Short Form .W --------------------------------------.The property of a male Hindu dying intestate shall devolve Firstly up on the relative specified under CLASS-1(Class-1 heirs) There are 12 heirs.there upon the relatives specified in class-2 heirs. They are : Entr No Class.S-PS Daughter of pre-deceased son ----------------------------------D-PS Son of pre-deceased daughter ----------------------------------S-PD Daughter of pre –deceased daughter ---------------------------D-PD Widow of a pre.

. This process will continue and the ENTRY IX heirs will get the property only when there is no heir in other entries.y I II 1 2 3 4 5 III 1 2 3 4 IV 1 2 3 4 V 1 2 VI 1 2 VII 1 2 VIII 1 2 IX 1 2 Father Son’s Daughter’s Son Son’s Daughter Daughter Brother Sister Daughter’s son’s son Daughter’s Son’s Daughter Daughter’s Daughter’s Son Daughter’s Daughter’s Daughter Brother’s son Sister’s son Brothers Daughter Sisters Daughter Father’s father Father’s mother Father’s widow Brother’s Widow Father’s brother Father’s sister Mother’s Father Mother’s mother Mother’s brother Mother’s sister F S-D-S S-D-D B S D-S-S D-S-D D-D-S D-D-D B-S S-S B-D S-D F-F F-M F-W B-W F-B F-S M-F M-M M-B M-S The presence of heir in ENTRY I will exclude all others .In the absence of ENTRY I heirs ENTRY II heirs will get the property. All heirs in the same Entry succeeds simultaneously and they divide the property equally.

daughter. heirs of husband or her mother and father. it shall devolve upon her mother and father.16) Rule—1 Devolves firstly upon the sons and daughters (including the children of any pre deceased son or daughter) and the husband.upon the AGNATES(a person is agnate of another if the two are related by blood or adoption through males) Lastly upon COGNATES(a person is a cognate of another if the two are related by blood or adoption but not wholly through males) If there is no heirs mentioned above . or husband.If a Hindu converts to another religion. Convert’s descendants . before succession opens.property shall devolved upon the Government by ESCHEAT(Bona Vacantia-Ownerless property). Rule -.Iv In the absence of any son. INTESTATE SUCCESSION TO THE PROPERTY OF A FEMALE HINDU (S. daughter. Re-marriage – The remarriage of widows – son’s widow. If there is any property acquired by her own toil and moil. In the absence of a son or daughter property inherited by her from the father or mother shall not devolve upon the husband but upon the heirs of her father and in the absence of heirs of father upon the heirs of mother. Rule—II In the absence of any son. property will devolve upon the heirs of husband. children born to him or her after such her conversion and such conversion and their descendants will be disqualified.Thirdly if there is no Class-I or Class-II heirs . Sthridhan . If there is no heir. Rule--. it will go to her husband. husband . there is provision for Escheat.III In the absence of any son. daughter. it shall devolve upon the heirs of father and if there is no heir of father. disentitle them from inheriting. husband or heirs of husband. DISQUALIFICATIONS (S 24—28) Murderer—A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered. In the absence of any son or daughter property inherited from her husband or father-in-law. then to heir of mother. son’s son’s widow and brother’s widow. It is to be noted that apostasy will not disqualify that disqualify that person – only his/her children and descendants are disqualified. shall devolve upon the heirs of husband. 15.

g. by her relatives). E. property gifted or bequeathto her.The term means women’s property Under Hindu Law it is used in a technical sense to denote the property held by a female over which she is having absolute ownership and hence absolute right of alienation. Gifts and bequest (from a (from a testament). Saudhayika-(she had full right of disposal even during the existence of marriage.divided into 2.(She had no right of alienation without the consent of her husband. 2. Sthridhan was sub.consent of husband not necessary. certain restrictions were recognized under the Hindu Law.g. self acquired property. 1. E.g. E. On the basis of such restrictions on her power of disposal. all types of Sthridan except that which has been gifted or bequeath by her relatives. Non-Saudahyika. property obtained in lieu of (instead of) maintenance and any property purchased with the Sthridhan In the case of a married woman. MUSLIM LAW .

Gift should be accepted by the donee or any other person on his behalf---------. corporeal or incorporeal except spes successions (a mere chance of an heir apparent to succeed).Types hiba-bil-iwas -Gift with exchange (hiba-bil-iwas)-Gift can be given for a consideration(iwas)----.Donor-> Person with a sound mind and a major.-------Consent-----Free Consent – Without coercion.a gift is revocable at the mere will of the donor .donor can make a valid gift of a property to two or more donees at the same time-----.-----------Donnee must be in-existence at the time of making the gift. minor etc). fraud.In the case of gift to minor or lunatic.---- . the possession of the property must be handed over to the legal guardian. How is made---Can be made orally or in writing-----.---------------. Muslim. undue influence.After delivery of iwas(consideration) the gift cannot be revoked------Areeat -----When a Muslim grants license to another person to take the usufructs without consideration. at any time before the actual delivery of possession. What is hiba? ----Hiba is the immediate and unqualified transfer of the property without any return.--Donor----.(Law---The gift of immovable property in India is governed by The Transfer of Property Act----------. Christian. mistake etc.A valid gift can be made of Musha(undivided share)---.clear declaration of gift by the donor showing the intention-------. Donee – Any person (Hindu.A gift to unborn is void.owner and donee together can possess and enjoy the property jointly-----Conditions--conditional gift is void----. misrepresentation. Subject matter------Can be made of immovable or movable.----------------. However the provisions are not applicable to Muslims. the transactition is called ‘Areeat’.

Persons ------The person who executes the will is called MUSI(testator)--------------the person to whom the property is given is called Musilliah(legatee) ----------------.---------------------. and the legacy will lapse and it will form part of the estate of the testator. Who can make will-------Under Muslim law.------------------No particular format is prescribed.------------.VASIYAT(WILL) (Will is the declaration of the intention of the testator to be carried into effect after his death -------------.cannot dispose by will more than one – third of what remains after payment of funeral expenses and debt-------.-----------immovable.the subject matter is called Musieveh(legacy).If the will is executed in favour of one of the heirs.It can be either made orally or in writing .3.Sadaqah ---when gift is given with the object of acquiring religious or spiritual benefit .Movables or corporeal or incorporeal property transferred.The age of majority is 18 years as per the Indian Majority Act 1875 How can be made?--------------. it is called Sadaqah. What can be made?-----.The subject matter must be in existence at the time of death of the testator.A testator must be a major with a sound mind. can be Conditions-----1.This is irrevocable. consent of other heirs necessary to make the will valid------------4.—2. .A will made to a person who is not in existence at the time of testator’s death is void.) II. both males and females can execute will.

If given on behalf of one of the heirs.Hiba – Marz-Ul – Mau(Death bed gift) (Death bed gift ----------. Donor must make an clear declaration stating his intention. 1925 2 What? Only movables can be given Both movables and immovables can be given 3 conditions One –third rule.A Muslim can make a valid gift of his movable or immovable property when he is in death bed ----------1.) Difference between : No Donatia Mortis Causa (Death-bed gift) Law Hiba-Marz-ULMaut Khuranic 1 Governed by the provisions of Governed by Indian Succession Act principles. consent of others necessary to make the transfer valid. subsequent One – third rule and consent of heirs etc not consent rule is applicable applicable If the donor recovers the gift Gift is valid even if the fails donor subsequently recovers from illness. Possession must be delivered and must be accepted by the donee.Donor suffering from a disease and apprehends his death.-----------3. 4 .-------2.--------5.---------------4. Cannot make gift in excess of the one third.

------It can be made orally or in writing.the Kerala Wakf Rules.Doctrine of Cypres(as near as possible) is applicable-----------.Property vested in God perpetually and irrevocably.Mutawalli – Duties Powers and Liabilities---.If Wakif fails to appoint.Public Wakf----------.Wakf & Mutawalli (Administrator) (Wakf?----------------Muslim -----major --------of sound mind --------------permanently dedicates any property for religious or charitable.not the owner------. powers and duties are usually specified in the Wakf-nama (Wakf Deed)---------------. Wakf board appoints------.appointed by the Wakif – either orally or in writing---.only a manager-----------. ) Mutawalli Liabilities – Duties Powers and (The manager of the wakf property is called the mutawalli.males and females can hold the office---.functions.------------------Bequeathable third rule is applicable if the Wakf is created through a will------. ---------.Non Muslim can also be appointed----.----------. the transaction is called Wakf-------.Apply for .and the person who dedicates is called Wakif. 1996 were made.Private Wakf ---------Wakf-alal-aulad.--------The deed is called Wakf-nama-----------------. not the owner of the property but only a manager------.intended for the benefit of public-----.religious activity cannot be performed by a female or a non Muslim.and hence if the object fails property can be used for some purpose as near as possible to the object so failed---.intended for the benefit for the of the family members of the descendant’s of the Wakf .

-------------Insolvency.----------------Discharge public dues.-----------3.Removal .----------------Purchase immovable property on behalf of the Wakf only with the prior sanction of the Board.----------------2.------------------Convicted for criminal breach of trust.Wakf Tribunal—In each State.registration------Change of the management must be made known to the board by the incoming Mutawalli. carryout directions. or Board. (1.Central Wakf .grounds (Convicted more than once for failure to apply for registration.Wakf Board—In each State.----------------Drug addiction or liquor addiction----------------------Employed as a paid legal practitioner on behalf of the Wakf.-----------Shall not spend money out of Wakf funds for meeting any cost of cost of or expenses incurred by him ---------------------Shall pay the specified percentage of annual income as contribution to the board---------The Act prescribes punishment for any failure --------First class Judicial magistrate can try the offence. ) Authorities under the Wakf Act.--------Allow inspection of properties. furnish statements allow inspections.---------Failure to maintain regular accounts for 2 consecutive years.--------Budget to be prepared and submitted before the Wakf Board. ----------An appeal lies to the Wakf Tribunal constituted under this Act.-------Shall not lend or borrow money for the Wakf without the concent of board.-----------------Transfer Wakf property only with the prior consent of the board.----------------Mis appropriation of funds. Of income and expenditure--------------Furnish accounts to the Board--------Carryout the directions of the Board.------------Shall not execute a lease exceeding 3 years.-----------------Disobeying orders made by Central or State govt. records etc.----------Shall keep regular accounts.------------Supply information required by the Board.) Mutawalli--.-------------------------Mental/physical defect or infirmity.

M.--------------Direct the proper utilization of surplus funds of a .P’s .------Ensure that the income from the Wakf is property utilized.-----------------. and there shall be a chairman.-------.---------------Give directions for the proper administration of Wakf. Muslim members of Bar Council .) Functions Board and powers of the Wakf (General superintendence of all Wakf in the state.Wakf Board-----In every state.The members are appointed by the govt.-------------Settle schemes of management for a Wakf. Scholars in Islamic Theology etc.It is a body corporate having perpetual sucession and common seal.It can acquire.Council—Constituted Govt. State govt shall establish Wakf Board.The disqualifications of the members include the following:-------------Not a Muslim--------------Less than 21 years of age------------------Unsound mind----------------Insolvency----------------Convicted for corruption---------------The members include Muslim M.-------------) by the Central (1.----------. ---------------It can sue and be sued in its own name.L. Mutawallis. hold and transfer property in its own name.-------------Maintain a record regarding the income and beneficiaries of every Wakf.---------------.A’s.

having all Indian character .for the determination of any dispute.1 Muslim advocate. questions or matters relating to a Wakf or Wakf property. records etc. Officio chairman ----------------------------3 persons to represent Muslim organization.C. accounts and other information---------------Can borrow money and repay money with consent of State Govt.Wakf. 3. by rotation .s -----------3 Wakf board chairmen.----------------Authorise the transfer of Wakf property.P. accounts.P.It is having the powers of a civil court under C. ----------------2 Muslim Supreme court/High court judges ------------.----------It consists of the Union Ministers in charge of Wakf as ex.--------Inspect Wakf property.one person to represent Mutawallis.--------------Appoint and remove mutawallis---------------Takes steps to recover lost properties of the Wakf. Central Wakf Council Constituted by the Central govt.) 2. Wakf Tribunal Constituted by the State govt.-----------------.---------------Institute and defend suits relating to Wakf. -------------------It consists of one person having the rank not below that of District Judge.--------------Scrutinize and approve budgets. for advising on matters concerning the working of Wakf Board and administration of Wakf.------------Call for returns .------------. -----------3 Muslim scholars . -----------3 Muslim M.-----------.

----------2. saint imparts to the .2nd organ – Judicial Power – State Wakf Tribunal -------------3rd organ – Advisory Power – central Wakf council Muslim Religious institutions (Mosque –> a place where all Muslims are entitled to go and perform their devotions --------------------It can be a public mosque (any sect can offer prayers) or private mosque( for offering prayers by the owners and members of his family).It is managed by Mujawar ------------.-----------------. khangah& Sajjadanashin—>The word ‘Takia’ means the resting place of a Muslim saint near a graveyard. ------------It is a Muslim monastery and the religion head is called Sajjadanashin who is not only a manager but also a spiritual head. Dargah—A shrine of a Muslim saint---------place of religious prayers ------------.read fatwa to the devotees. Quaibristan (graveyard) –> a Muslim dedicate his property in Wakf for a graveyard. ---------- public one (open for the burial of any Muslim) or private one (for the burial of family members.When more persons are attracted the humble Takia grows into a khangah. ----------is place where the religious instructions devotees.Note: 1st organ – Executive Power – State Wakf Board ---------.) 3. 4. Takia.

) RIGHT OF PRE-EMPTION (Shufaa) (Muslim law recognizes a right of pre-emption.----------. delay defeats the right.sells. The Sunni law recognizes such rights in the case of the following 3 categories of persons:------------1. Procedure to be followed 1.within 1 year from the date of taking possession by the purchaser. the pre-emptor has to file a suit to enforce his rights. E.Co-sharer of immovable property(Shafi-Sharik)----------2.This right of ‘B’ is called Right of Pre-emption..e. The formal demand is to be made in the presence of at least 2 witnesses and the preemptor must be ready and willing to pay the price.It is generally maintained by Shia Muslims.It is a preferential right of the owner of immovable property to become the purchaser of another immovable property which is sold to another person. The principle of demand (talab). If the buyer does not voluntarily agrees to transfer the property even after the demands. After the completion of sale.5. 2. Imambara—A separate place in a private house ----------------religious prayers and ceremonies are performed by the members of house.-----3.Servient owner and dominant owner (easement) provided both are Muslims (shafi-i-khalit). 3. After the completion of sale. the pre-emptor has to make his first demand without any delay. Shia law recognizes only co-owners right. the first and formal demand must be made) .G ‘A’ and ‘B’ sells to ‘C’. are Sunni Muslims and are co-owners of certain immovable property ‘A’ instead of selling his share to ‘B’.Owners of adjoining immovable property when both are Muslims (shafi-i-jar). B can compel ‘C’ to sell the property to him. must be strictly followed while exercising the right of pre-emption i.---------.

debts of the deceased etc… The residue is to be distributed among the heirs – if Sunni. (b)Under Sunni Law. 2. Distant kindred or distant relatives. provided it is born alive. he ceases to be a Muslim for the purpose of inheritance. negligence or accident is disqualified under Sunni Law. (d) A child in the womb of his mother is competent to inherit. However certain categories are disqualified from inheritance. Residuaries 3. .For the purpose of succession the Sunni law classifies heirs into 3 categories 1. If a Muslim marries under the Special Marriage Act. But if it is not born alive the share already vested gets divested. the estate is to be first applied in the payment of funeral expenses. disqualified only if the death was caused intentionally. (a) A murderer is disqualified – a person who has caused the death intentionally or by mistake. in accordance with the Sunni law of inheritance (khanafi law)(Indian Muslims are presumed to be Sunnis) . before distributing the estate among the heirs. 1925 applies in such cases. Khuranic heirs or sharers—12 Khuranic heirs— each sharer is entitled to a specific share. The provisions of Indian Succession Act. wages due to the domestic servants. death-bed charges.Law of inheritance When a male/female Muslim dies intestate. But under Shia Law. illegitimate child is disqualified from inheriting father’s property but can inherit from the property of mother and the relatives of the mother. expenses for obtaining succession certificate. (c) Marriage under Special Marriage Act 1954.

Daughter –When there is no son. if no such a child. she becomes a residuary. Father’s father. 9. If more than one full sister they collectively inherit 2/3. Uterine brother—1/6 if there is no child. father. If there is no person listed above the share will increase to 1/3. child of son. they collectively inherit 1/3. debts etc. he gets ½. True Grandmother—1/6 and if more than one grandmother they equally inherit. 6. if there is son.If more than one wife they equally share it .(True Grandfather) . father. Full sister—1/2 when there is no child. 7.if a female dies. husband is entitled to ¼ if there is a child or child of a son of the deceased if no such a child . he gets only if there is a child r or a child of a son of the deceased and no father when there is no child or son’s child and father. the father of the deceased gets 1/6 of what remains after the payment of the funeral expenses. child of son. 2. the father remains as a residuary.The presence of full brother makes her a residuary and take ½ of what that brother takes. Husband. the true and father inherits as a residuary (the presence of father excludes father’s father 3.Wife-gets 1/8 When there is child or child of the son of the deceased . Son’s daughter—1/2. When there is more than one uterine brother. or true grand father. . or true grand father or full brother.If there is no child or son’s child wife’s share become ¼ and if more than one wife they share it equally.his share is 1/6 . 10. daughter gets1/2. 4. When there are more than one uterine brother. they collectively inherit 2/3. mother entitle to 1/6. 8. or true grand father. 5. 11. Uterine sister—1/6 If there is no child.If the deceased leaves behind a child or child of a son. Mother-If there is child or son’s child or two or more brother’s or sisters or one brother and one sister (Uterine or consanguine) of the deceased. they collectively inherit 1/3. If there is more than one daughter.Khuranic heir Father. child of son. father.The following relatives completely excludes the son’s daughter son or two or more daughters or sons or 2 or more higher son’s daughter.

husband and 2 daughters. The name of the doctrine is a misnomer.000 Husband 1/6 of Daughter 1/6 of The total amount comes to 65.e.000 i. In such cases the share of each sharer is to be proportionately reduced. Doctrine of Increase (Doctrine of Aul) The doctrine can be illustrated as follows A Muslim lady dies living behind father. Rs 5000 is excess of the amount.12.000 15. Because in fact the share is not increased but decreased. . 000 1. She had a bank balance of Rs 60. Father 1/6 of 60000 60000 60000 10.000 40. or true grand father or full brother If more than one consanguine sister they collectively inherit 2/3. father. 2. 3. child of son. Consanguine sister—1/2 when there is no child.

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