as there is a community of interest and unity of possession between all the members of the femily. A coparcener's interest is a fluctuating interest capable of being enlarged by deaths in the family and liable to be diminished by births in the family. It is only on a partition that he becomes entitled to a definite share 2. Share of income: The whole income of the joint family property must be brought according to the theory of an undivided family to the common chest or purse and there dealt with according to the modes of enjoyment of the members of an undivided family. a) Joint possession and enjoyment: If any coparcener is excluded from joint possession or enjoyment, he is entitled to enforce his right by a suit. If any unauthorised act is done by any coparcener without the consent of the other coparceners like erection of a building on land belonging to the joint family or any portion thereof which materially alters the condition of the property, he may be restrained by an injunction. Ifa company is formed to hold the property of the family with the consent of all the adult coparceners to preserve the family property and for the benefit of the family, the transaction is binding on all coparceners. Exclusion from joint family property: If any coparcener is excluded by an act of other coparceners from the use and enjoyment of joint family property or any portion thereof and if the act amounts to an ouster then such a coparcener by an injunction restrain the other coparceners from such an act. Maintenance: A coparcener, his wife and children of an undivided family is entitled to be maintained out of the coparcenary funds and a member of a joint Hindu family is under a corresponding legalobligation to maintain all the male members of the family, their wives and unmarried daughters 5. Right to enforce partition: Every adult coparcener is entitled to enforce a partition of the coparcenary property. The rule is that partition can be demanded by any member of a joint family who is not removed more than 4 degrees from the last holder however remote he may be from the common ancestor or original holder of the property. 6. Alienation of undivided interest: No coparcener can dispose of his undivided interest in coparcenary property by gift. Nor can he alienate such interest even for value except, in Bombay, Madras and Madhya Pradesh. 7. Right of survivorship: On the death of a coparcener his interest does not pass by succession to his heirs. It passes by survivorship to the other coparceners unless the deceased coparcener leaves behind a heir. 8. Manager: A coparcener who is a manager/karta has certain special powers of disposition over the coparcenary property which no other coparcener has. The following are the rights of a coparcener in the coparcenary 1, Right of common possession and common enjoyment : There is community of interest and unity of possession between all the coparceners. No one is entitled to any special interest in coparcenary property nor is any one entitled to exclusive possession of any part of it. 2. Community of interest and right to savings : No coparcener has got a defined share in coparcenary property or income thereof and as long as family in undivided, he cannot predicate that he has certain share in the family property. The entire income must be brought to the common purse and used by all members of undivided family. 3. Right to joint possession : Each coparcener is entitled to joint possession and enjoyment of the family property and if he is prevented by other coparcener from doing so, he is entitled to an injunction restraining that other coparcener from disturbing his possession and enjoyment.4, Right to enforce partition : Every coparcener, whether major or minor, is entitled to call for the partition of his share against his father, brother or grandfather irrespective of whether the other coparceners agree to become divided or not. 5. Right to restrain unauthorized act : A coparcener may restrain any unauthorized act (for example, erection of wall or building etc.) of other coparceners in respect of coparcenary property if such act interferes in joint enjoyment and causes substantial injury to the property or rights of other coparceners. 6. Right to ask for accounts : A coparcener may demand an account of the management of joint property so that he may know the actual state of family funds when the coparcener is suing for partition. If such demand is met by refusal, he is entitled to restrain the other coparceners for excluding him from management thereof 7. Right of alienation : A coparcener may alienate his undivided interest in the coparcenary by gift, sale or mortgage with the consent of other coparceners. However, in Bombay, Madras and Madhya Pradesh, no such consent is required. 8. Right to set aside alienations : Every coparcener has a right to set aside alienation made by the father, manager or any other coparcener beyond his authority which includes alienation without legal necessity or illegal transactions without any benefit to estate. 9. Right to maintenance : A coparcener’s wife and children are entitled to be maintained out of the coparcenary funds and the members of a joint Hindu family are under a legal obligation to maintain all the members of the joint Hindu family. 10. Right to renounce his interest : A coparcener according to Madras High Court, can renounce his interest in the coparcenary property in favour of all or any of the coparceners. However, the Bombay and Allahabad High Court are of the view that renunciation must be in favour of all the coparceners. Conclusior Thus, under Mitakshara law, the right of coparcener to share in the coparcenary property arises by birth and that right carries with it right to be maintained out of those properties and to have partition of his share.18.What is parti Partition means a numerical division of property and bringing a Hindu Joint family to an end. The joint family ceases to be joint and transforms into a nuclear family after partition. In a coparcenary, the coparceners hold the property as one common unit, partition means the fixing of the shares of each coparcener. According to the Mitakshara Law, it is the adjustment of the diverse interests regarding the whole, by distributing them into particular portions of the aggregate. Thus, partition implies the crystallization of the fluctuating interest of a coparcenary into a specific share in the Hindu Joint Family. ‘Types of Partition There are two types of partition. Total partition :In total partition, the whole property of a Hindu Undivided Family undergoes a total division of property and the same will be divided in between all the coparceners and family cease to exist as a Hindu Undivided Family. Partial partition: Partial partition can be made when some of the members go out on partition & other members continue as being a member of the family. In such a partition, the rest of the coparceners maintain the joint status with respect to the remaining property. Reopening of partition Under the Shastric law, Manu says ‘once a partition is made, once a damsel is given in marriage and once a gift is made is irrevocable and irretraceable.’ A partition is generally irrevocable. The logic behind is that erstwhile coparceners hold their shares as their separate and exclusive property, they may enter into transactions relating to them, so as to create valid titles in favour of even third parties. However, there are certain exception to the principle that “shares are divided only once.” It may become imperative in certain situations to have redistribution of the properties in order to prevent gross injustice to the members of the family. However, a plea that the partition was unfair cannot be countenancedwhen the facts show that it has been undertaken after due and proper deliberations. Thus, wheh readjustment of properties is not possible the entire partition has to be reopened A partition can be reopened under the following circumstances- Fraud Fraudulent distribution of properties, unless the person affected by the fraud acquiesces in with full knowledge of all material facts. A partition may be reopened, if any coparcener has obtained an unfair advantage in the division of the property by fraud upon the other coparceners A coparcener may conceal the Joint Family Property at the time of partition, to gain an unjust and undue advantage over the others; the partition can thus be reopened on the discovery of fraud. However, fraud cannot be added as a ground at a later stage of trial and also if no fraud pleaded initially in the plaint, the plea cannot be allowed to be changed belatedly that the partition was fraudulent. Son in womb or conceived and born after partition Sons, grandsons and great grandsons have a right to partition. With respect to the son conceived at the time of partition but born after partition, Hindu law ‘equates a person in a womb to a person in existence. The partition should be postponed till the birth of the child if the pregnancy is known, but if the coparceners do not agree with the delay, then the share equal to the share of the coparceners should be reserved. But in cases where no share of the posthumous child is reserved, then he can demand for the reopening of partition after his birth through any representation. The right of such a son depends upon whether his father has taken a share for himself at the time of partition from his sons- When the father has not taken a share for himself, the after born son has a right to get the partition reopened. But when the father has taken or reserved a share for himself, the after born son becomes a coparcener with his father such son born after the partition is entitled to have the partition reopened, but in lieu thereof he is entitled, after the father’s death, to inherit not only the share allotted to the father on partition, but also the separate property of the father.Adopted son According to Section 12 of the Hindu Adoption and Maintenance Act, 1956 adopted sons have the same right to partition as that of the natural son. Even if after his adoption, a son is born to a father, then also shares of adopted sons and natural sons will be equal. Thus, an adopted son is entitled to reopen the partition: Disqualified Coparcener Persons suffering from any defect which disqualifies them from inheriting are equally disentitled to a share on partition. Various grounds of disqualification were recognised by the Hindu law, such as congenital and incurable blindness, insanity, deafness, dumbness, virulent and incurable leprosy and other incurable diseases that made sexual intercourse impossible. All these grounds except congenital lunacy or insanity have now ceased to exist as a part of the Mitakshara law by virtue of the Hindu Inheritance (Removal of Disabilities) Act,1928. Further, if a member of the family has not a congenital disqualification, but later becomes insane, he will not be deprived of his interest. The disqualified coparcener who neither has a right to call for partition nor is entitled to a share, after recovering from his disqualification can call for the reopening of the partition. Absentee Coparcener Acoparcener absent at the time of partition, who has a share in the coparcenary, has a right to call for the reopening of the partition if the partition has taken place in his absence \or coparcener In partition, the right of the minor coparcener is as same as that of the major coparcener. A minor is a person of immature intellect and the court has the duty to protect his rights by acting as parens patriae.If minor's interests are prejudiced by the Karta by squandering the Joint Family Property, the minor's guardian or the next friend of the guardian may file the suit for partition on behalf of the minor. The suit filed itself will bring the partition of the joint family property. The court has the duty to look whether the partition is for the benefit of the minor or not, if the partition is prejudicial to the minor, the court must demand injunction and not allow the partition. Property added after partition The reopening of partition can also be affected when some properties were left out, either by mistake or deliberately or when some properties which have been earlier lost or seized were discovered. If a distribution of the additional properties can be effectively made without reopening the partition, then the earlier partition should not be disturbed. Conclusion: The partition is generally irrevocable in nature. However, for the purposes of equity, it is advisable to reopen the partition already affected. Even the laws of Manu advise the additional distribution of property which was added subsequent to the partition. The rationale behind is to prevent gross injustice to the member of the family. 19.Write a note on reunion? Introduction Reunion is the process by which families that have been divided after partition, to be united again. However, the term ‘reunion’ under Hindu Law means a situation when the status of the family which was joint earlier is established again, after its partition. Despite having a complete partition, it is possible to. have a reunion under the Hindu law, among the Hindu Undivided Family. Following are the conditions for the parties to reunite: 1. A partition is an essential condition for a reunion- No reunion can take place if there was no partition in the first place.The intention to reunite in any case is an essential factor which must not be overlooked, Reunion shall not take place if there is no intention of the parties to reunite. Such intention to reunite must be communicated clearly. Where a person merely live together without having an intention to reunite, it is necessary to note that such a person shall also not constitute to be a part of the reunion. The reunion can take place only if the person has separated with his father, brother or paternal uncle but not with anyone else other than them, which is the case of Mitakshara but in the Mithila school, it can be with anyone, provided that they are a part of the original partition that had taken place and thus have the shares, individually under their name. The reunion must be unilateral, i.e. there must be consent of each and every person who is a coparcener. The consent of the parties or the coparceners, shall not constitute to be formal agreements but merely consensual agreements which may be either oral or written or even by their conduct, depicting their agreements which are not mandatory to be registered. The reunion must be of effect only by the parties, who had been a part of the partition. There must be a property involved in the case of the reunion; as reunion does not merely mean living together as tenants. . Aminor cannot reunite, as he is not a competent party to the contracts. The minor cannot be a party, either on his own or as someone on behalf of him. . The rules which are special for the inheritance will not take place in the reunited property but will only be applicable in case of the separate property which the reunited person holds. Conclusi The intention of the reunion is to bring about the amalgamation of the interests of the parties in the Hindu Undivided Family and therefore, it creates a right on all the parties involved. In the case of reunion, it is possible that some of the properties and some of the people involved in the partition may be left out or choose not to be a part of the reunion at all. This means that there is a chance of a partial reunion. Therefore, the interest has to be clearly established. 20.Who is Karta ? Discuss his positions , duties and powers.Introduction The Joint Hindu family is a patriarchal body, and the head of the family is called Karta. Karta is the senior most male member of the family who acts as the representative of the family and acts on behalf of the family. There is a fiduciary relationship between the Karta and the other family members because every family needs a head member who can look after the welfare of minor members and females in a Joint Hindu Family. The position of Karta is unique in a joint Hindu family. Karta takes care of the whole family and its property and the decision given by the Karta is bound to be followed by the members of Hindu Joint Family. No one is equal to Karta in a Hindu Joint Family. The powers and position of a Karta are wider than any of the members of the Hindu Joint Family. No one can be compared with Karta among the other members of the joint family. Who can be a Karta? Senior most Male Member The senior most male member is entitled to become a Karta and it is his right. Karta is always from the members of the family; no outsiders or stranger can become a Karta. If the senior most male member of the family is alive then he will continue as Karta, if he dies then the second senior most member of the family will take the charge of Karta. Karta takes his position by consent or agreement of all the coparceners. Junior Male Member If the coparceners agree, then a junior can also become a Karta of the family. By making the agreement with the coparceners, a junior male member can be a Karta of the family. Female Member as Karta According to Dharmastra, if there is an absence of the male member in a family then in that situation female can act as a Karta. If in case male members are present but they are minors, at that time also, females can act as a Karta. The powers of Karta arPowers of Management Karta’s power of management is absolute. No one can question the duties of the Karta like, he can manage or mismanage the property, family, business any way he likes. Karta cannot deny the maintenance and occupation of property to any member. Karta is not liable for the positive failures. Rights to Income or Remuneration and Expenditure The income of the Joint Hindu family property in a whole must be given to the Karta. Then it is the responsibility of the Karta to allot the funds to the members for fulfilment of their needs. Karta controls the expenditure of the funds. The scope of his power is only to spend such funds on family purposes like management, maintenance, marriage, education etc. Rights to Represent Joint Family The Karta represents the family in legal, religious and social matters. The acts and decisions of the Karta are binding on the members. Karta can enter into any. transaction on behalf of the family. Right to Compromise Karta has the power to compromise the disputes relating to management or family property. He can compromise family debts, pending suits and other transactions. The compromises made by the Karta, can be challenged in court by heirs only on the ground of malafide. Power to refer a Dispute to Arbitration Karta can refer the disputes relating to management, family property to the arbitration. If the award by the arbitration is valid then it will be binding on the members of the joint family. Power to Contract Debts The Karta exercises an implied authority to contract debts and pledge the credits and property of the family. Such acts are bound to be followed by the members of the family. Even, Karta when taking a loan for the family purpose or for family businesses then joint family is liable to pay such a loanPower to enter into Contracts The Karta can enter into contracts and where contracts are enforceable against the family. The contracts|are binding on the members of the joint family, Power of Alienation No one among the family members can alienate joint family property. But Karta has the power to alienate the property under three circumstances. 1. Legal Necessity 2. Benefit of estate 3. Indispensable duties Legal Necessity This term has not expressly defined in any judgement or in any law. It includes all the things which are deemed necessary for the members of the family. Dev Kishan Vs. Ram Kishan AIR 2002 In this case, the plaintiff filed a suit against the defendant. Both plaintiff and defendant are members of the Joint Hindu Family. Defendant 2 is the Karta, who is under the influence of Defendant 1, sold and mortgaged the property for an illegal and immoral purpose which is for the marriage of minor daughters Vimla and Pushpa. The defendant contended that he took the loan for the legal necessity. The court held that the debt was used for the unlawful purpose. Since it contravened the Child Marriage Restraint Act, 1929, therefore, it can be called as lawful alienation. Benefit of estate Benefit of Estate means anything which is done for the benefit of the joint family property. Karta as a manager can do all those things which are helpful for family advancement. Indispensable DutiesThese terms refer to the performance of those acts which are religious, pious or charitable. Examples of indispensable duties are marriage, grihapravesham etc. A Karta can alienate the portion of the property for the charitable purpose. In this case, the power of the Karta is limited i.e he can alienate only a small portion of the family property, whether movable or immovable. Loan on Promissory Note When Karta takes any loan for any family purpose or executes a promissory note, then all the members and the members who are not the party to the note will be sued if the loan is not paid. But, Karta is personally liable on the note. Liabilities of a Karta Liability to maintain- Karta is to maintain all the members of the Joint Family. If he does not maintain any member then he can be sued for maintenance and also can be asked for compensation. Lial ty of render accounts- As far as the family remains joint, Karta is not supposed to keep accounts of the family, but when partition takes place at that time he will be liable to account for family property. If any of the heir is not satisfied with his accounts, then he can constitute a suit against Karta to bring the truth and to know any misappropriation is done by Karta or not. Liability of recovery debts due to the Family- He has the liability to realize the debts due to the family. Liability to spend reasonably- He has the liability to spend the joint family funds only for the family purposes. Liability not to eliminate coparcenary property- It is the liability of the Karta not to alienate the coparcenary property without any legal necessity or benefit to the state. Liability not to start new Business- It is the liability of the Karta not to start a new business without the consent of other coparceners. Responsibilities of Karta The duty of a Karta is to provide clothing, food, shelter etc, to the members of the joint family. There are several responsibilities of Karta which include: MaintenanceEvery member of the family including Karta has the right to maintenance. The Responsibility of Karta is to maintain all the members of the family. If he does not maintain any member properly, then he can be sued for both maintenance and dues of maintenance. Marriage The Karta is responsible for the unmarried members especially the daughters. ‘The expenses for the marriage will be taken out of the Joint Family property. Representation Karta acts as a representative on behalf of the family. This is because he must perform some responsibilities and liabilities on account of the family. He must pay all the dues and the taxes. He can be sued on behalf of the family during any agreement or dealings. Accounts at the time of Partition Status of a joint family comes to an end due to the partition. Under Mitakshara Law, it means: Severance of status and interest It's an individual decision, where a member wants to divide himself from the joint family and enjoy undefined and unspecified share separately. Actual division of Property It is the consequence of the declaration of the desire to cut off. However, it is a bilateral action. Conclusion Karta in a Joint Hindu family holds an extraordinary position with reference to its understanding and complexity. The concept of Karta has its origin centuries back and it still works due to some functional elements. Every joint family should have a Karta to boost the cohesive aspect of such a family with reference to its dealings and ventures. Looking at the position of the Karta, it can be said that he has fewer liabilities and more powers.21.£xplain partition? Explain the various modes of partition ? Introduction: Every coparcener has the right to partition of and is entitled to share on the partition. Under Hindu law right of partition is restricted to 3 degrees that include father, grandfather and great grand-father. All who have direct lineal descendent of common ancestors up to 3 degrees, to the common male ancestor constitutes coparcenary. And all such persons or members of the joint family are entitled to share ancestral property. Different Modes Of Partition of Property Under Hindu Law A partition of property may be effected in many ways under Hindu law, namely by agreement, by will, by notice, by arbitration, by conversion etc. intention is the essence of the partition. intimation by coparcener about his unequivocal intentions brings into his right to obtain his share whether or not others agree to separation and there is severance in the family. The intention must be communicated to be effective. It can be in different ways either explicit or by the conductor of other members of the family. 1, Partition By Father: Where coparcenary consists of a father and his sons only, he has a right to affect the partition without the consent of the sons. It is binding on the sons by virtue of the power conferred to father. However such partition must be in good faith: 2. Partition By Will: Coparcener through a will can intimate his desire to separate from a joint family. He can make will and declare his desire to separate. He may assert his right to separate. Mitakshara coparcener after the addition of Section 30 in the Hindu Succession Act, 1956 can now make a testamentary disposition of his shares in the joint property. Partition By Agreement: Partition where all coparceners jointly agree for the partition. It is an internal arrangement mostly done in order to secure the respect and dignity of thefamily and to be away fram the litigation. Where the evidence on the face of it declares the intention to separate no evidence of the subsequent acts of the parties to alter the agreement is admissible Coparceners may appoint arbitrators to lead and execute the partition. It may be affected with the help of a mediator or arbitrators who will divide the property. All the coparceners jointly appoint arbitrators, it shows common intention to get separated even where no award is given, and intention does not vanish. The death of a coparcener does not affect the arbitration. He remains separate where the intention to part from the other coparceners is clear. The interest of the deceased coparcener shall descend as his separate property. On conversion into Non-Hindu religion, a person is separated, no right of survivorship remains as no longer he remains a coparcener. From his joint family, he is not considered a coparcener. Person is entitled to get a share in the joint property after conversion as it stood at the date of his conversion. Reconversion does not necessarily bring back coparcenary relation in absence of subsequent act. Such conversion has no effect on the rights of other coparceners. 6. Partition By Suit: It is the most common approach to severe rights. The partition can be demanded by filing a suit thereof in court. Father's consent is not necessary, an eligible son during the father’s lifetime can file such a suit. A minor, as well as a major coparcener, has the right to go to court for this purpose. a) In case of an adult, severance of status begins at the time of filing a suit thereof. The decree is required for allotting shares of the coparceners. In case of death, the legal representatives have the right to substitute for him to continue and obtain the decree for his share.b) In the case of a minor, the suit is to be filed by his guardian or next friend. Here filing of the suit does not itself result in the partition and only after the decree is passed it is brought about. A court unlike in the case of an adult is not bound to pass a decree, it’s the discretion of the court and if it is satisfied that the partition is for benefit of the minor then the only a decree is passed. 7. Partition By special marriage: When a person marries under the Special Marriage Act, 1954 he loses the membership of a joint family and it affects his severance from the joint family. 8. Partition By Notice: In partition, the intention is the essential element. Such intention can be manifested by sending a registered notice to other coparceners. It must clearly state the intention to severe his rights in the joint family property and to have his share of the property. It might be followed by suit or not. Conclusion Partition of property under Hindu law consists of various layers and is mainly regulated by two schools of thought are Mitakshara and Dayabhaga. It means severance of status of joint family and creation of separate and individual rights of each coparcener over their specific share. It leads to the end of all the fluctuating rights and creates stability in respect of rights over the property among coparceners. 22.Explain the Essential of endowments. Introduction: ‘A dedication or entrustment of property, either for a religious purpose or for a charitable purpose or both religious and charitable purposes, is called an Endowment. In Dwarkanath v Burroda [(1878) 4 Cal 443], the Court observed that the endowments are the dedication or entrustment of property either for a religious purpose or for a charitable purpose or both: religious and charitablepurposes. It may be called a religious endowment or a charitable endowment depending upon its objects A Hindu who is sound and not a minor may dispose of his property by gift or will for religious end charitable purposes, such as the establishment and worship of an idol, feeding the Brahmins, and the poor, performance of religious ceremonies like shradh, an endowment of a hospital, etc. The following requirements are the requisites of a valid endowment. 1. Competency of the author: The author or settler of the endowment must be competent to settle it 2. Object: The object must be either religious or charitable. or both. 3, Bonafide dedication: The dedication by the settler must be bona fide and unambiguous 4. Definite purpose: The object or purpose of dedication must be definite or certain. 5. Ascertainable property: The property dedicated must be ascertainable 6. Not contrary to law: The dedication must not be made in contravention of any provision of law. 23.Distinguish between obstructed and unobstructed heritag Obstructed property The property to which right accrues not by birth but on the passing of the final ‘owner is called obstructed property. It is called obstructed since the accrual of the right to it is obstructed by the existence of the final owner. Hence the property devolving on parents, brothers, nephews, uncles, etc. upon the passing of the last owner, is obstructed property. These relatives are not vested intrigued by birth. Their right to it arises only on the passing of the last owner. In this way, any property acquired by a male Hindu from relations other than father, father’s father and father’s father’s father would be called obstructed heritage. The owner of this property holds the property as Separate and absolute one and there is no chance of combining property.Obstructed property rights gained by the owner after the succession of the final owner but there are some exceptional cases where the ownership passes by survivorship. The exception cases were mentioned below: Two or more than two sons, grandsons, and great-grandsons succeeding as heirs to the separate property of their paternal ancestor take as joint tenants with survivorship. Two or more grandsons of a daughter who is a member of a joint family succeed as heirs to their maternal grandfather as joint tenants with the right of survivorship. Two or more widows succeeding as heirs of their husband take as joint tenants with survivorship rights. Two or more daughters succeeding as heirs of their father take as joint tenants. These are the only 4 conditions or exceptional circumstances in which ownership of the obstructed property transfers to another before the succession of the previous owner. Mlustration ‘An acquired the certain property from his brother who passed on issueless. The acquired property within the hands of A will be a discouraging legacy for the children of A. The children of A will acquire the property from A as it were after his passing. Unobstructed property The property in which an individual secures and is intrigued by birth is called unobstructed property. It is called unobstructed since the accrual of the right to it isn’t obstructed by the presence of the owner. Hence property inherited by a Hindu from his father, grandfather, and great grandfather is unobstructed heritage as regards his claim male issues, that is, his sons, son’s and son’s child. These rights arise on account of their birth in the family and the male descendants in whom the property vests, are called coparceners. Thus, the hereditary property in the hands of the final male owner is unobstructed. Illustration‘A’ acquired certain property from his father. Two children born to A, M and N are coparceners with A. M and N will procure an interest by birth within the hereditary property of A. Thus the property within the hands of A is unhindered legacy, as the presence of the father is no obstacle or obstacle to his children procuring an intrigued by birth within the property. Conclusion: Itis seen that the distinction between obstructed and unobstructed property is recognized by the Mitakshara School and according to Dayabhaga School all the properties should be considered as Obstructed property because no one can inherit the property just after the birth or no one can have interest in another's property by birth. This difference of thought of both the school demarcates Obstructed and Unobstructed Property. 24. write a note on Doctrine of pious obligation. Meaning of Pious Obligation The Pious Obligation, here pious means religious, devout or Godly. And the obligation means duty or Karma of the Hindu person. So, the pious obligation means a duty of a Hindu person due to deep deviation from the Hindu religion, There are two principles in Hindu Law, one is independent and standard of autonomous coparcenary rights in the son which is an incident of birth, giving to the son vested rights in the coparcenary property and the other one is the pious duty of a son to furnish all the debts of his deceased father which are not tainted with illegality or immorality. Under Hindu Law, the son is under pious obligation to furnish his father's debts. Let’s discuss it in detail Historical Background of Pious Obligation In ancient India, legal writing is itself a novel approach as to the specialist of morals which was perceived by the Legal Aid British India. The pious obligation of a son is a moral obligation that was given over legal rights. The views of P.V. Kane’s is similar to the philosophy of ancient Indian law codes, which are famously known as Dharmashastra.The significance of ancient Indian legal writing given to furnishing the liability to repay the debts from ancient times. As per the ancient legal thought, one has no liability to pay the debts whereas the other is under obligation to furnish his duty by paying the debts of his father. Exceptions to This Doctrine If the person has obtained such debts illegally or immorally, then the son has no liability to repay the debts and here the pious obligation is applicable ‘A son doesn’t need to prove the criminal liability of his father in respect of debts. Here, the son may be exempted from the pious obligation and there is, no liability on the son to pay the debts of his father which are occurred by illegal means. Here we will discuss some debts which are outside of the scope of this doctrine 1. Avyavaharik Debts The avyavaharik debts can be found in Mitakshara. It is indicated that the avyavaharik debts are outside of this doctrine. So, what is meant by avyavaharik debts? Colebrooke has defined avyavaharik debts as a liability incurred for a cause repugnant to good morals. If it is wholly or partly improper then they cannot be called vyavaharik debts. Avyavaharik debts are debts that occurred by way of illegal means. And, the son is not liable for such illegal debts that occurred by his father. 2. Commercial Debts In old laws, the commercial debts were kept outside the regulation and the doctrine was not applicable. But, at present law, commercial debts are subject to this doctrine i.e. the son is subject to repay the debts of his father. 3. Gambling Debts The debts which are taken from gambling or gaming are outside of the regulation and this doctrine. For example, debts caused by drinking. uretyship Debts When the debts are caused under the suretyship or partnership then the liability arising out of suretyship by the father is not official on the son.The Effect of Doctrine of Pious Obligation After Amendment of 2005 After the enforcement of the Hindu Succession Amendment Act of 2005, no court shall recognize any right to proceed against son, son’s son (grandson) or son's son’s son (great-grandson) for any recovery of money due from his father, grandfather, or great grandfather, on the ground of pious obligation. Hence, pious obligation after 2005 under Hindu law, the son, grandson or great-grandson is discharged from the liability arising out of the pious obligation and they can discharge such debt. Conclusion Here, it is concluded that under the doctrine of pious obligation under which sons are liable to furnish the father’s debts is completely religious consideration. The doctrine considered that the father’s debt is vyavaharik and the debt of the father should be paid by his son. UNIT-IV 25.Discuss the changes brought out before out before and after passing the Hindu succession act 1956 in respect of the property rights of the female heirs. Holding of property Section 14 of the Hindu Succession Act, 1956 states: “Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.” In the explanation, it explicitly states all types of property by whatsoever name it may be called. It states, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by a gift from any person, whether a relative or not, before, at or after her marriage, or by her skill or exertion, or by purchase or by prescription, or in any other manner whatsoever and also any such property held by her as stridhana immediately before the commencement of this Act.” Thus, with the introduction of the Hindu Succession Act, 1956, a Hindu woman now had absolute ownership of any property that she possessed. This meant that now, there was no difference between her saudayika property, non-saudayika property, and non-stridhan property. Thus, even in cases of property other than saudayika property, she no longer needed her husband's consent or to follow any restriction. Punithavalli Ammal v. Ramalingam and Anr. (1964) The Supreme Court, in this case, held that Section 14(1) gives an absolute right to women and it cannot be curtailed in any manner by making any presumption or interpretation of the law. It further held that the date of possession of such property is irrelevant as women in possession of the property before the enactment of the provision would now be given absolute rights which were previously limited. Radha Rani Bhargava v. Hanuman Prasad Bhargava (1966) The Supreme Court, in this case, reiterated its stand and held the woman to be the absolute owner. Such ownership cannot be challenged on any basis. However, it can be challenged if it can be proved that the widow transferred or alienated the property before the enactment of Section 14 and such transfer or alienation was made without any reasonable cause or legal necessity. Thus, this is the only situation in which the absolute ownership rights of the woman can be challenged. Amendment in four states In 1985, Andhra Pradesh became the first state to bring a tremendous amendment in the succession laws by providing the status of a coparcener to unmarried daughters. Thus, Andhra Pradesh succeeded in bringing this law two decades ahead of other states. Inspired by this amendment, other states including Tamil Nadu, Maharashtra and Karnataka also accorded the status of a coparcener to unmarried daughters. These states became an inspiration and a similar suggestion was then given by BP Jeevan Reddy in his Law Commission Report for changes in centrally enacted law. : Disposition of property Since Hindu women now had absolute ownership of all the property they had, there was no question regarding the disposition of such property. Women could freely transfer or sell such property and appropriate money gained through such sale as per their wish. As regards the testamentary disposition,she had a right to dispose of her self-acquired property by way of a will Enactment of Hindu Succession Act, 1956 gave way for intestate and testamentary disposition of property. However, as regards the coparcenary property, it was only men who could dispose it by a will whereas women were not entitled to do so. Agasti Karuna v. Cherukuri Krishnaiah (2000) The Court held in this case that women had absolute right over the property of the deceased husband under Section 14. Any transfer or alienation of such property by the wife after the commencement of the Act cannot be challenged by any of the heirs. Hindu woman's right after Hindu Succession (Amendment) Act, 2005 Holding of property One of the most revolutionary changes brought in by the 2005 Amendment Act is that now even daughters were eligible to be coparceners in the Joint Hindu Family of his father. Moreover, her marital status would be irrelevant in this regard. It substituted Section 6 of the 1956 Act and now states: “On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall, 1. by birth become a coparcener in her own right in the same manner as the son; 2. have the same rights in the coparcenary property as she would have had if she had been a son; 3. be subject to the same liabilities in respect of the said coparcenary property as that of a son” Thus, daughters are now considered at par with sons in terms of coparceners and now have an equal right to hold coparcenary property. Thus, with the 2005 Amendment, the following incidents are now possible:A Hindu woman has an equal right to become the Karta of Hindu Undivided family if she is the senior-most member in the family, which was previously not possible. Secondly, she can now put her self-acquired property in the family fund which was earlier not allowed by the Act. . In the case of the deceased father, a daughter has an equal right over his property whether she is married or unmarried. . Daughters now have an interest in the coparcenary property and can even demand partition for the same. 5. Women can now not only start their coparcenary but also their own joint family. Thus, Hindu women have now been brought at par with men and have all the rights as those granted to sons in terms of the coparcenary. Prakash & Ors. v. Phulavati and Ors. (2016) In the case of Phulavati, the daughter acquired the property from her deceased father who had acquired it from his adoptive mother. The appellant in the present case contended that the respondent had a right over only the self- acquired property of the father. However, at this time, the 2005 Amendment was introduced and the respondent now claimed share as per the amendment. 26.Enumerate the important changes brought by Hindus succession act. The Hindu Succession Act, 1956, brought about many important changes in the Hindu intestate succession of properties apart from introducing a uniform law of succession among Hindus, in the entire territory of India, These important changes can be enumerated as follows:— '1) Changes in the Hindu joint family: Firstly, under the pre-existent law in the Hindu joint family, a coparcener could not write in respect of his interest or property in the family. But Section 30 of the Hindu Succession Act enables a coparcener to write a will in respect of his property. Secondly, on the death of coparcener, the principle of survivorship was recognised. So that the property went to other coparceners. The widow or the daughter or daughter's daughter of the pre-deceased coparcener cannot inherit his share in the joint family property. But under section 6 of Hindu Succession Act thewidow, daughter etc., can inherit his share and so the principle of survivorship is indirectly abolished. (2) Abolition of Sapindas Relationship: The present Act has abolished the previous rules of inheritance. Now new rules are laid down on a totally different basis. The past sapindas relationship was totally abolished. In that place love and affection theory has come into the existence and as such both males and females could inherit the property of the deceased. It is based on the principles of justice. This is a very important change brought about by the Act. The old law discriminated a male and female heir in the case of inheritance. Females were not at all given the right of inheritance and were totally excluded. But a limited right namely; widows estate or limited estate was given to the widows. By that they could neither sell nor gift the property. After the widows death, the property will not go to her daughter or near relationship but will revert back to the relations of the deceased husband. Now this is totally abolished and females are equally entitled with the males in the inheritance of property. (3) Removal of Disqualifications: The pre-existent law disqualified the following persons from inheritance: (a) Lunatics, (b) Idiots, (c) Unchaste widows. Now such disqualifications are abolished. {4) Separate Property of Male Propositus: Under the old law, simultaneous succession of different types of heirs was not recognised, e.g., when son was living the daughter, mother, father, etc., should not inherit. Succession of different types of heirs is partly recognised. Now the class | heirs namely, son, daughter, widow and mother can inherit the properties of deceased simultaneously and in equal proportion. But in the simultaneous succession it is partly because only class | heirs can simultaneously inherit the property. The class I! heirs, Agnates and Cognates cannot inherit when Class | heirs are existing. The old preferential succession is recognised in the succession of classes. Agnates will inherit in the absence of class | and Il heirs, ete. (5) Changes in Illegitimate Son:Under the pre-existing law, the right of succession of illegitimate son varied from school to school. It also depended on the caste to which the parents belonged. But now illegitimate son is recognised only with reference to mother and not at all connected with father’s property. So the position of illegitimate son is simplified and he cannot claim as heir at all. In the same way, the illegitimate son of the legitimate son cannot claim any right to the grand-father or grand-mother’s property. But the legitimate son of illegitimate son can claim right to the grand-mother’s property alone (6) Consanguine and Uterine Blood Relations: The heir-ship under the Succession Act is restricted to blood relations only. But consanguinity was recognised in the old law. A Hindu female could not have two husbands in her life time. So the prior Hindu Law did not recognise uterine blood relationship. But in the present Act, uterine relations are also recognised. But both must be legitimate or adopted, it should not be illegitimate. Consanguine means one husband having more wives and the relationship of children among themselves is called consanguinity. Uterine relationship means wife having more than one husband and relationship of children among themselves in such a case. (7) Others changes (1) The female heirs except in Bombay took only life estate. Now all females take absolute estate. (2) In the previous law, the benefit of doctrine of representation was given only to sons, grandsons and great grandsons of the pre-deceased sons. But now this doctrine of representation is extended to daughters, children of pre- deceased daughters, daughters of pre-deceased sons and daughter of a pre- deceased son of a pre-deceased son ete. (3) The previous degree relationship namely five degrees on the mother's side and seven degrees on the father’s side marked the limits of cognatic relationship. But now the above limits are removed for cognates (4) In the same way, 14th degree of samonadakas marked the limits of agnate’s relationship. Now the limit is completely removed. (5) The Act has abolished impartible estates except those created by statute.