Joint family is a fundamental aspect of Hindu Law in which the concept of joint family is where their

common ancestor and his male lineal descendants along with other members such as wives, daughters,
unmarried persons who stay together under one roof sharing everything in common

Further it is divided into two types of school

In Mitakshara Joint Family Property son has a right over the property since the birth, even an illegitimate
son or a widowed daughter has a right over the property of their father’s Joint Family Property.

Another feature is the right to Maintenance and right of survivorship which will be given to the
unmarried daughters and other members respectively in the Joint Family

Mitakshara school does not give any rights to females or wives, they don’t have any share in
the ancestral property, only the mothers have the right over their son’s share.

Widows only have the right to maintenance of their husband’s property but they can’t have a
claim over it.

Whereas in Dayabhaga Joint Family Property son have no right over the properties by birth. Even the
concept of Survivorship is not given to son and therefore there is no joint family between the son and
the father. Under Dayabhaga it includes all the properties both selfacquired and joint family property
will be devolve by succession

Dayabhaga is a system in which the sons have the right to the property of their fathers only
after the father’s death

Dayabhagagi gives the woman the right to stridhan, they have an absolute right over it and
can use it without even husbands’ consent. It also gives widows the right to property over their
husband’s shares.

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Coparcenary idea under Hindu Law was mainly by the male member of the family where just children,
grandsons and great-grandsons son who have a right by birth, who has an interest in the coparcenary
property.

No female of a Mitakshara coparcenary could be a coparcener but she will always be a part of the Joint
Family. So under Mitakshara a son, son’s son, son’s son’s son can a coparcenary i.e. father and his three
lineal male descendants can be a coparcener.

We have noted under Mitakshara School the coparcener’s acquires a birth right over the properties of
the Joint Family property but the main issue is that the interest acquire them will be fluctuating and
unpredictable. It means that until the partition is done in the Joint Family property share will not be
fixed or specified. The interest of person will be fluctuating and unpredictable because there can be
birth and death happens in the family by which the share of each individuals will be effected

Right to maintenance: Every person in the joint family property is entitled to get maintenance. Mainly
the female members, the persons who doesn’t receive any share from the family because of
disqualification grounds, or unmarried daughters, then all of them will be getting maintenance from the
Joint family.

Right to challenge alienation: The term alienation means transfer of property in case of any legal
necessity or benefit of the estate. The coparcener, karta and the sole surviving coparceners have the
right to alienate the property for the debts of the family or for any kind of legal necessity of the Joint
family. If the above mentioned person alienate the property with any kind of improper intention or
without any clear intention then the coparcener can challenge the alienation.

Right to partition: The coparcener’s have the right to partition in the joint family property. Until the
partition is done, the shares of the each individuals will be fluctuating and unpredictable.

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Self explainable

4th slide

Case laws:

: Ganesh Vithal vs. Moro Vishwanath