Joint Family Essay

Joint Family Essay-16
Simply, a Hindu Joint Family would at best be described as, the lineal descendants and their dependants where, the former trace their origin to one common ancestor.The underlying essence of a joint family is the fact that it traces its origin back to one common ancestor and with the addition and deaths of members, joint families can continue till eternity.

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But according to my opinion, large families play a great role to shape a children's future.

On one hand, it cannot be denied that in a large family, kids have an opportunity to learn a plethora of things which are not possible in a nuclear family such as discipline, patience and moral values.

By community interest one means that all the coparceners have an interest in the joint family property.

Under the Dayabhaga School though, there is a constant notion of having a fixed share of property.

It is important to understand that though a single familial unit, a Joint Hindu Family does not have a separate legal identity and is not a juristic person.

Though, the only collective statutory recognition that has been bestowed upon a Joint Hindu Family is for the purposes of taxation. The researcher, through this paper aims at throwing some light upon certain issues associated with the Hindu Joint Family Setup; especially for a student of Family law.Under the Dayabhaga School on the death of the Karta, the succession is per stirpes; that each son has an equal and absolute share.By absolute, one may note that none of the descendants of the heir inheriting have any right over the property.Moreover, if both parents are working which can be commonly seen in the 21st century, children have many persons around who can take well care of him.On the other hand, due to some disputes which are also irrefutable in joint families, there can also be negative effects on children's mind.Though, there may be a community interest as long a partition by metes and bounds hasn’t taken place. The Dayabhaga School allows for devolving of properties only at the point of succession.Thus, there is no question of inheriting any property.The focal points of the research are drawn into the following heads: Distinction Between The Dayabhaga And Mitakshara Schools: Important terminology: Before embarking upon an explanation as to what is the distinction between the schools of law, it is important to define some important terms.There is a difference in the way a joint family comes into existence in the Mitakshara and the Dayabhaga systems.In addition to this, if one of the heirs dies then, even his wife or unmarried daughter have a share over his property which is not possible under Mitakshara law.Another point of distinction between the Mitakshara and the Dayabhaga schools is that a coparcener takes a fixed share once the Karta dies. Thus, for example a person dies leaving behind 4 sons, then each son would have a determined 1/4th share to the property.


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