Preview

Alienation vs. Hindu Joint Family

Powerful Essays
Open Document
Open Document
5976 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Alienation vs. Hindu Joint Family
INTRODUCTION
A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. But a Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenery property. These are the sons, grandsons and the great grandsons of the holder of joint property for time being, in other words the holder in unbroken male descent. The essence of coparcenary under Mitakshara law is unity of ownership. The interest is of fluctuating nature, capable of being enlarged by deaths in family and liable to be diminished by births in the family. It is only on partition that he becomes entitled to a definite share. Joint family property is purely the creation of Hindu Law, and those who own it are called coparceners.
Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an added importance in Hindu law, as, ordinarily, neither the karta nor any coparcener singly, possesses full power of alienation over the joint family property or over his interest in the joint family property, though under the Dayabhaga School a coparcener has the right of alienation over his interest in the joint family property. In this project we are not concerned with the alienation of separate property, as every Hindu, whether governed by the Mitakshare School or any of its sub-schools or the Dayabhaga School has full and absolute power over it. Such alienation is governed by the Transfer of Property Act.
Persons Competent to Alienate the Joint Family Property
Only the coparceners possess the right to alienate the joint family property. The non-coparcener members of the family do not have this authority. The coparceners who have such competence may be classified as follows:
1) The father,
2) The Karta,
3) Single coparcener in his personal capacity, and
4) All coparceners as one body.

FATHER’S POWER OF

You May Also Find These Documents Helpful

  • Good Essays

    (Cheeseman2013) In the case of Cunningham v. Hastings, Mr. Hastings and Mrs. Cunningham, was an unmarried couple, purchased a home together. Mr. Hastings put $45,000 down payment toward the home out of his pocket. When it came to how the deed established the deed stated Hastings Cunningham as joint tenants with the right of survivorship. The couple occupied the property jointly. When the relationship between the two ended, Mr. Hastings seized sole possession of the property. Mrs. Cunningham filed a complaint seeking partition of the real estate. Based on its determination that the property could not be split, the trial court ordered it to be sold. The trial court further ordered that $45,000 of the sale proceeds be paid to Mr. Hastings to reimburse…

    • 321 Words
    • 2 Pages
    Good Essays
  • Better Essays

    If a married person with one child dies intestate and leaves separate property, the descendant's interest passes to the:…

    • 4252 Words
    • 18 Pages
    Better Essays
  • Satisfactory Essays

    The main point of the article is that in India, nearly all marriages are arranged marriages, unlike in Western culture.…

    • 465 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Family law is a fundamental aspect of our legal system, seeking justice through providing protection for the family unit whilst still reflecting the values of society. The concept of family has evolved greatly due to shifting societal influences. Correlating with this shift in values, there has been ongoing family law reform in an attempt to achieve justice for all family members and society. This has been both effective and ineffective in addressing the tension between individual rights and the views of greater society.…

    • 1241 Words
    • 5 Pages
    Better Essays
  • Good Essays

    To set them apart in another way, the Indians “openly engaged in premarital sexual relations and could even choose to divorce their husbands” (10). “Under English law, a married man controlled the family’s property” (10). In Indian gender relation, the women take charge; on the other hand, the English men make the…

    • 1370 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Every country and every religion have their own traditions. It is what makes their culture different from each other. The American and Indian cultures have a vast differentiation between them. While the culture of America is a mixture of different cultures, the Indian culture is unique and has its own values. Even though dating and marriage have the same meaning to him and her in every culture, the meaning of their relationships and wedding celebrations to him and her are different.…

    • 544 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Concurrent Ownership

    • 7123 Words
    • 29 Pages

    * Prof (Dr.) Kumar, V. Hindu Law of Coparcenary and its Composition (PowerPoint Slide). Scribd.com. Retrieved from http://www.scribd.com/doc/33115992/2-Hindu-Law-of-Coparcenary-and-Its-Composition…

    • 7123 Words
    • 29 Pages
    Powerful Essays
  • Good Essays

    God in the Garden of Eden performed the first marriage. Adam and Eve, both made in God 's image, were joined together by God and commanded to "be fruitful and multiply, and replenish the earth" (Genesis 1). God declared them to be "one flesh" (Genesis 2) and established the pattern of marriage to be a man leaving his father and mother and being joined to his wife (Genesis 2). Marriage in the Bible is a lifelong commitment between a man and woman before God. Marriage is the institution God established for sexual relations and the continuation of the human race. Marriage was created in Genesis 2:23-24, “"The man said, ‘this is now bone of my bones and flesh of my flesh; she shall be called “woman,” for she was taken out of man.’ For this reason a man will leave his father and mother and be united to his wife, and they will become one flesh."…

    • 893 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Law Code of Gortyn

    • 1020 Words
    • 5 Pages

    When a father dies his property goes to his children. His widow may remarry and take with her anything her husband gave her in front of…

    • 1020 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    The human thoughts, behavior and the overall physical nature, have been described as an invincible part of the existence of humanity. The manner in which individuals and people conduct themselves within the society or in a specific community is best explained through the use of various psychological theories. The latter is a sociological part of a study that picks up one human trait and studies it in discrete detail. One classic example is the behavioral theory that is applied when attempting to explain and demonstrate new behaviors and tendencies within a given group of people. The majority of these psychological theories are included within the learning curriculum since they tremendously contribute to the understanding and appreciation of…

    • 1893 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    In this modern day and time, families range from traditional to modern. The traditional family is a vulnerable mirage, holding on to values once strongly deemed necessary. The modern family is a deviant reflection of traditional family. The composition of traditional nuclear family members no longer exists only in traditional sense. Participants in modern families are, the traditional man, woman and child, partnered gay men and lesbian women with or without child, single man and child, and a woman and child. Many of the family styles are responses to…

    • 668 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Fraternal polyandry explains it in terms of land inheritance. If two or more brothers share their land and share a wife there is no need for division of property and land fragmentation, such as plagued India, where holding become progressively smaller whenever sons divided land inherit from their father. One function of the system has been to preserve landholding intact from one generation to the next (Bornouw 105).…

    • 2884 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    The effects of divorce on society are far reaching, and long lasting. They are not what many would think, such as a drain financially on society, and the welfare system. There are huge impacts psychologically for all parties involved; the children, wives, and husbands. Although there are some instances where divorce is the only way to provide stable homes, such as high conflict rates, there are others where the children would benefit more if the parents worked on the relationship, such as low conflict rates. Although there will always be divorce, one of the lesser known side effects of divorce can be avoided, and possibly stopped. This is a horrible and completely avoidable occurrence, Parental Alienation…

    • 2057 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Issues Within Remarriage

    • 1901 Words
    • 8 Pages

    Initial stressing issues are a highly responsible for issues that appear in the future. Many times the biological parent is caught in the middle between the stepparent and her children. Introducing a stepparent can often be very strenuous to the biological parent. Remarriage sometimes involves a re-location to another town. The geographic move can cause stress in the children's school, the child's peer group, and many other places. This move may also make the issue of seeing the absent parent difficult. (Crosbie-Burnett, 1989)…

    • 1901 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Karta: The position of the Karta in a Hindu coparcenary is a case of corporate personality. In coparcenary framework albeit every individual from the joint Hindu Family has a few rights and obligations and despite the fact that it is a solitary familial unit, a Joint Hindu Family does not have a different legitimate character and is not a juristic person. It is not fit for holding property and the law does not credit any identity to a Joint Hindu Family. The Karta is overall head of the joint family who manages the entire family property. He has a right to alienate the property and different individuals from the family are under his control. He can sue and be sued for the benefit of the joint family. In juristic terms, he is a corporation…

    • 1182 Words
    • 5 Pages
    Good Essays

Related Topics