Joint Hindu Family Hindu Undivided Family HUF

Hindu joint family is a kind of family system, which is typically seen amongst the Hindus only. The concept of Hindu joint family is nothing new, and it is in existence since long. This kind of family was well recognised by customary laws. According to the Bombay High Court, a joint Hindu family consists of all persons lineally descended from one common ancestor and includes their wives and unmarried daughters. Jointness is the fundamental feature of this kind of family. However, the interpretation of this kind of jointness is not to be conceived in literary sense. One may say that mere staying together can constitute the status of joint-ness. The meaning, however, is far wider. The family is treated as joint not only with reference to the estate but also with regard to food and worship. Following are certain principles for the purpose of determining the jointness of any Hindu family:  Until the contrary is proved, every Hindu family is assumed to be joint in terms of food, worship and estate. Mere living separately does not breach this jointness. Though it may be a relevant factor towards proving the state of separated but however it is not a conclusive one. Once, a family is regarded as joint, then in absence of any clear-cut separation, the presumption of jointness remains intact. This indeed is a very strong presumption and it favours the brothers who are continuing with the state of being joint. The burden of proof lies on the person who alleges that there is a severance of the joint status. In case of a partition already taken place, the general presumption would be that the joint status is no more available. However, at that time, if there is someone alleging that some part of the property is still existing in the undivided form then the burden shall be upon the person who alleges the existence of such unpartitioned property. When a joint family continues to hold property jointly then such property shall be treated as joint family property. However, on the basis of mere fact that the family is joint no assumption can be drawn that the nature of holding property is also joint. This is true because of the principle already referred above that it is not an essential requirement for a joint family to hold or possess property jointly

Meaning of Hindu Undivided Family: Hindu Undivided Family ("HUF") which is same as joint Hindu family is a body consisting of persons lineally descendant from a common ancestor, including their wives and unmarried daughters, who are staying together jointly; joint in food, estate and worship. The daughter,

Birth of a son in a Hindu joint family automatically makes him a member of the HUF. HUF cannot be a partner in a partnership firm. under Dayabaga law. HUF is a group of members of the same family. Since. Hence. Till father is alive. in Dayabaga law. Difference between Dayabhaga HUF and Mitakshara HUF The principal difference is that unlike Mitakshara. the son does not have interest in the family property. wife becomes a member of her husband’s joint family. all male members automatically become members of the HUF. the son does not get interest in the family property by his birth. In view of this. But the absence of antecedent history of jointness. This is done by Kerala Joint Family System (Abolition) Act.1976. ordinarily manages the property belonging to Joint Family. . the partner should be a natural person or recognized as person by the law (Company . Kerala is the State in which the HUF is not recognized.12. upon marriage. HUF is not a "person". HUF as a partner in a partnership firm HUF is a joint family consists of all lineally descended from a common ancestor. The male member's wife becomes his sapinda on her marriage with virtue of Companies Act 1956). Moreover. 1975 with effect from 01. Creation of HUF: HUF is a creature of law. Hence. The "father". but only group of persons belonging to the same family and carrying on the family business. Joint Hindu family with all its incidents is a creature of law and cannot be created by act of parties except to the extent of which a stranger may be affiliated to the family by adoption. As such. then he also becomes a member of the HUF. there is only unity in possession as far as the ancestral property is concerned. The partnership is a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.on her marriage. HUF does not automatically (as operation of law) come into existence but it comes into existence by voluntary decision of the legal heirs. or the "senior member" of the family called "Karta". as long as the father is alive. there is no unity in ownership. such reunited members become members of the reunited HUF. to become a partner in a partnership firm. in case of reunion of erstwhile HUF family members. Unlike Mitakshara. It cannot be "created" by act of parties. except in rare cases of adoption and reunion. if a child is adopted. The daughter too on her birth became sapinda and until she leaves the family by marriage the tie of sapindaship will bind her to the family of her birth. Similarly. In addition to that. ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. Hence. his wife and unmarried daughter forming a joint Hindu family. the status of HUF cannot be termed as person. between the male member and his ancestors is no impediment to the male member.

Till a partition takes place no coparcener can have absolute ownership on the coparcenary property and hence alienation of such property without required permission and purpose is invalid. Such right for the asking for partition is an inherent right by virtue of his birth in that . They are: 1. acquires interest on the coparcenary property held by him. A coparcenary property involves collective enjoyment only. In a Mitakshara coparcenary any major coparcener can ask for partition any time. 5. it is a body of individuals who acquires interest by birth in the joint family property. nephews etc. The lineal male descendants of a person. 6. Every coparcener has a right to be maintained including a right of marriage expenses being defrayed out of joint family funds. Every coparcener is bound by the alienation made by the Karta for legal necessity or benefit of estate and by the legitimate acts of management of the Karta. The coparcenary. every coparcenary has certain fundamental features. running from and including such ancestor. Generally speaking. 2. Incidents of Coparcenership: Under Hindu law. Coparcenary is necessarily a creation of law and it can never be created by agreement or otherwise. after his death. Every coparcener has a right to object and challenge alienations made without his consent or made without legal necessity. The essence of coparcenary is community of interest and unity of possession. The interest in any coparcenary property is always fluctuating as the amount of interest varies with the birth and death of coparceners. No coparcenary can commence without a common male ancestor though. uncles. 4. 3. it may consist of collaterals such as brothers. 9. There is no concept of individual enjoyment unless there is a partition to the effect. therefore. up to third generation (excluding him).Hindu Coparcenary: A Hindu Coparcenary is a much narrower body within Hindu Undivided Family. 8. 7. consists of a common male ancestor and his lineal descendants in the male line within 4 degrees. A coparcenary system is a unique example of unity of possession and community of interest. In any coparcenary system whenever a coparcener is born acquires an interest by virtue of his birth. grandson and great grandson of the holder of the joint property for the time being. 10. They are the son.

11. unlike other forms of inheritance. coparceners are only those males who are within 4 degrees in lineal descendent from the common male ancestor. on partition. father. Self acquired property of a Hindu male will pass on to his legal heirs as per the rules of succession and the legal heirs receive the property as individual property. if such coparcener has left certain class of female relatives or a male relative who claims through such female relative. The right to a share in such a property accrues by birth itself. but can claim only through the coparceners. i. So also the share of the deceased coparcener in HUF. Difference between a Co-parcener and a Member of HUF: A HUF. where inheritance opens only on the death of the owner.e. the concept of ancestral property is considerably diluted. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor. The other male family members. Property inherited by will and gift are not ancestral properties. If a property is a coparcenary property then alienation of interest is of any kind with respect to that property is null and void since every coparcener gets a birth right on that property hence without giving their due interests. The relevance of concept of coparcenary is that only coparceners can ask for partition. by way of gift. grandfather.very coparcenary property and such right can not be taken away by any contract in contrary.e. A HUF can acquire properties from various sources viz. The rights in ancestral property are determined per stripes and not per capita. as there is now a clear demarcation between individual property and HUF property of a Hindu male. However. which they hold as separate property.) is called as ancestral property.. as such. by joint labour. after the codification of major aspects of Hindu law in 1956. HUF Property: A property owned by a HUF is HUF property.. 12. can consist of a very large number of members including female members as well as distant blood relatives in the male line. (Survivorship now has been abrogated by Amendment Act of 2005)  Ancestral property: Property inherited upto 4 generations of male lineage (i. Every coparcener has a right of survivorship (Survivorship now has been abrogated by Amendment Act of 2005). have no direct claim over HUF property. grandmother. through will. which otherwise devolves by survivorship to other coparcener goes by succession to legal heirs. uncle and even brother is not ancestral property. other than coparceners in a HUF. etc. 1956. out of this. specified in Class I of the first schedule to Hindu Succession Act. accretion to the existing properties.  Joint Acquisitions during Joint Status . Properties inherited from mother. blending. etc. However.

On interpreting the provisions. Where a single male Hindu obtains his share at a partition and separates. grandfather or great grandfather. he holdsthe property as a sole surviving coparcener. . Section 8-13 and Schedule I. the property in his hands would be called the joint family property. But with respect to his father and brothers. is coparcenary property with respect to his male descendants. When he gets married. A cumulative reading of both the preamble and of section 4 would show that wherever the classical law has been modified or abrogated by any provision of the Act. 1956 Property Received after Partition of Joint Hindu Family Where a coparcener (male member) separates from the joint family after effecting a partition. his son would acquire a right by birth in this property. It both modifies and codifies the Hindu Law. from whom he separates. The Act specifies in the preamble. The Hindu Succession Act was passed in 1956. would cease to have any effect and it is the statutory provisions that would prevail. the character of the property with respect to his share. with respect to his son. that it is intended to amend and codify the law governing intestate succession among Hindus. and when he gets a son. under the Hindu Succession Act 1956 would take it as his exclusive or absolute property. Property inherited from the father under the Hindu Succession Act. the law as given by the Act will apply. This position has been substantially modified after the passing of the Hindu Succession Act. grandfather (father’s father) or great grandfather (father’s father’s father). grandson (son of son) and great grandson (son of son of a son). A property that a Hindu male inherits from his father. the Courts including the Apex Court have affirmed and reaffirmed that the son inheriting the property from his father. it is his separate property. inconsistent with the provisions of the Act. lays down the law of inheritance regarding the property of a male Hindu. Section 4 also provides that any rule of Hindu law or custom.  Self acquired property can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. 1956. with no right of his male descendants over it. would be ancestral or coparcenary property in his hands. Acquisitions from Joint family Fund Separate Property: Prior to 1956.

but does it in his individual capacity as the son of the intestate. He retains the exclusive power of disposal of this property and his male issue is not competent to restrain him from doing it or to ask for a partition of the property.e. Therefore. grandfather. or great grandfather). or obtained under partition of joint Hindu family. . The son does not inherit the property as the Karta of his branch. stands abrogated. in this property. it is a separate property. even if inherited from father. (Father. if it the property has come to the share after partitioned i. It is suggested to go through the class notes also.2005.1. After the amendment to the Hindu Law. Inheritance under the Act creates an absolute ownership in favour of the son. and not as the representative of his male issue. then it is a co-parcenary / ancestral property. therefore. Post 1956. whenever the question arises to decide whether a particular property is ancestral property or separate property first the following is to be ascertained: Whether the property was inherited. father’s father or father’s father’s father. would be his separate or exclusive property and his male issue will not have a right by birth. If the property was inherited after the death of the ancestor). from 1. under s-8 of the Hindu Succession Act 1956. therefore the property inherited by a son from his father. even girls have been treated as coparcener and have equal right over such ancestral property. On the other hand. during the lifetime of one's father amongst the members of a joint family.The classical law in this respect.