Succession Law

Dr. Manisha Singh

Hindu Joint Family
Introduction of HJF
A Hindu Joint Family is a unique socio-legal
institution that governs the lives of Hindus,
especially in matters of inheritance, property
rights, and family obligations.

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Historical Background
Origin of the Hindu Joint Family:
• The concept of a Hindu Joint Family exist ancient times, with its roots
in Vedic traditions.
• According to Mulla, it is a family structure where members live
together under a common roof, sharing common property, and having a
common ancestor.
• This system was deeply rooted in the values of cooperation, family
support, and mutual dependence.

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Definition of Hindu Joint Family
• A Hindu Joint Family consists of all individuals lineally descended
from a common ancestor, who are united by birth, marriage, or
adoption.
• The family property is held collectively by the male members, who are
the coparceners.
• The family follows a common ancestral lineage, and each member has
rights over the family property, which remains undivided.

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Hindu Joint Family

Consist of:
1. Common ancestor
2. All his lineal descendent (upto any generation)
3. Their wife(s), widow(s)
4. Their unmarried daughters
• Common ancestor is necessary for existence of HJF but
not for its continuation.

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Characteristics of HJF
1. Creation of Law- not by agreement.
2. It’s a unit and headed by KARTA.
Oldest and eldest male member of the family.
Can female be a Karta?
3. How can become a member of HJF?
Birth
Adoption
Marriage to a male member
4. Status lost?
Conversion to Non- Hindu Religion
Marriage to Non-Hindu Under Special Marriage Act, 1954
Partition
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5. Minimum Number required to form HJF?
Case- Sitabai versus ram Chandra 1970 Sc 343
Death of all male member does not end the status of HJF until-
Possibility of add member by adoption/birth.
6. Hindu Undivided Family
Term used for the purpose of Taxation.
7. Presumption of jointness
Every Hindu family is presumed to be joint in food, shelter, estate-
unless contrary is proved.
Presumption is rebuttable– Partition , Extinction of the family.

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 Can two daughters comprise HJF?

Position After HAMA, 1956

Position before 1956
• Sec-8 of HAMA: Enables
Two widows can constitute a HJF
Unmarried daughter to adopt
because – Male can be introduced Son/Daughter- Hence Two
by them through- Birth and daughters can also form an HJF
Adoption whereas daughters
could not do it.

Position After Hindu Succession (Amendment

Act), 2005.
Sec-6: Daughters became coparceners- can form
HJF by Adoption.
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Coparcenary System before Amendment
Act, 2005.

Introduction

The concept of coparcenary is a fundamental principle in Hindu law that governs

the rights and obligations of individuals within a Hindu Joint Family (HJF).

Historical Background
• Coparcenary is deeply rooted in the ancient Hindu law texts, with its foundations
in the Manusmriti and later elaborations in texts like Mitakshara and Dayabhaga
schools of law.
• According to Mulla, coparcenary evolved from the idea of a joint family system,
where property passed from one generation to the next and was shared equally
among male heirs.
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 Definition of Coparcenary

A coparcenary is a family arrangement where members

(called coparceners) share the inheritance of joint family
property.

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Formation:- Characteristics of coparcenary-
1. common ancestor 1. Existence of HJF
2. Lineal descendent - 4 2. Creation of law
generations
3. Four generation rule
3. Only male descendent can be a
coparcener. 4. Interest by birth
But after Hindu Succession 5. Rule of sole survivorship
(Amendment Act), 2005 6. Fluctuation in interest
daughters are also coparceners. 7. Coparcenary within
coparcenary

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Mitakshara & Dayabhaga School

Mitakshara Dayabhaga
This system recognizes the Unlike Mitakshara, under this
right of a son to inherit the system, the coparcenary is
property of his father by birth. formed only upon the father’s
Coparceners have an undivided death, and sons do not have an
interest in the family property, inherent right by birth.
which can be partitioned at any Application- Assam and Bengal
time. only.
Application- Whole India
except Assam and Bengal

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Difference between Mitakshara and Dayabhaga

Aspect Mitakshara Dayabhaga

Formation of Coparcenary By birth (Sons, grandsons, Only after the father's death
great-grandsons

Rights of Sons Equal rights by birth No rights by birth, only

after father’s death

Partition of Property Can be demanded at any Only after the father’s

time death

Management of Property Managed by the Karta Managed by the father

(elder male member) during his lifetime

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New trends in the Concept Of
Coparcenary /Coparcenary
System After Amendment Act,
2005.
Hindu Succession Act, 1956:
1. Prior to the 2005 amendment, the Act
governed the inheritance rights of Hindus.
2. The Act was gender-biased in its provisions,
granting sons rights to coparcenary property but
denying daughters any such rights.
 The Hindu Succession (Amendment) Act, 2005 &
The Hindu Succession Act, 1956
KEY CHANGES INTRODUCED:

• The amendment gave daughters equal rights as sons in the

coparcenary property, effectively recognizing them as coparceners.
• Daughters now had the same rights to inheritance, partition, and
management of joint family property.

SCOPE OF AMENDMENT:
• The amendment applied to all Hindu coparceners, irrespective of
whether the property was self-acquired or ancestral.
 Coparcenary Rights of Daughters
Before the amendment

• Daughters did not have rights in the coparcenary property. They

were excluded from inheritance and coparcenary rights.

After the amendment

• Daughters became equal partners in the coparcenary property, with

the same rights as sons.
• They could demand partition and had an equal share in the property
as their male counterparts.
Impact on Mitakshara and Dayabhaga Schools
Dayabhaga School
Mitakshara School
• The Dayabhaga system already
granted daughters rights to the
Before 2005, the Mitakshara family property, so the
system excluded daughters from amendment had no impact on
coparcenary rights. Post-2005, this system.
daughters were made equal • The amendment was mainly
coparceners. relevant for regions following
the Mitakshara school.

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Mitakshara classification of property

Obstructed Heritage
Unobstructed Heritage (Sapratibandha Daya)
(Apratibandha Daya) • Not but birth but by death
of the owner.
• Interest in the property by • Called origin on the death
birth. of the owner
• Called does nit obstruct by
• Devolve by succession.
existence of owner.
• Devolve by survivorship. Self Acquired Property

Joint Family Property/

Ancestral Property

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Ancestral Property
• Key Characteristics of Ancestral Property
1.Inherited Property: Property passed down through generations within the
family (from father, grandfather, great-grandfather).
2.Joint Ownership: All male members of the family (coparceners) hold an
undivided share by birth.
3.Right by Birth: Sons acquire a right to ancestral property at birth, even
before partition.
4.No Absolute Ownership: Coparceners do not have absolute ownership
until the property is partitioned.

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• Ancestral Property & Coparcenary
1. Coparcenary: The joint family property system, where
members have a right by birth.
2. Right to Partition: A coparcener has the right to demand a
partition of the ancestral property, dividing it into separate shares.
3. Role of the Karta: The Karta (head of the family) manages the
ancestral property but does not have the right to dispose of it
without the consent of other coparceners.
Ownership Rights

1. No Absolute Control: A coparcener cannot sell or transfer the property without the
consent of other coparceners.
2. Right to Demand Partition: Any coparcener can ask for partition, which will divide
the ancestral property among the members.
3. Right to Enjoy Income: Coparceners can enjoy the income generated from ancestral
property (e.g., rent, agriculture).
Inheritance of Ancestral Property

1. Male Members: Sons, grandsons, and great-grandsons have a birthright in

ancestral property.
2. Female Members: In Mitakshara, daughters did not traditionally have a right
by birth, though modern legal reforms have changed this under the Hindu
Succession Act.
3. Succession in Case of Death: On the death of a coparcener, his share is
inherited by his legal heirs.
 Effect of Partition

Partition of Ancestral Property Rights After Partition

•Voluntary Partition: Coparceners •Separate Property: Post-
may agree to divide the property partition, the property becomes
voluntarily. separate property for each
•Court-Ordered Partition: If coparcener.
mutual agreement is not reached, a •Full Ownership: Coparceners
partition can be ordered by the have full control over their allotted
court. share of the property after partition.
•Share of Each Coparcener: After •No Interference: The rights of
partition, the ancestral property is other family members no longer
divided, and each coparcener apply to the separate property.
receives a separate share.

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 Property of following kind are included in the Joint Family
Coparcenary Property

1. Ancestral Property

• Nature of the property inherited from Maternal Grandfather?

Case:- Md. Hussain v. Babu Keshav AIR 1937PC 233.

Privy Council- Mitakshara text Pitamah is Paternal Grandfather- Separate Property.

Case:- Maktul v. Mambhari AIR 1958 SC 241-Affired the expressed view.

• Nature of the property Inherited from any other relation?

Separate Property
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2. Property acquired at the expense of ancestral property(Doctrine of Detriment).
3. Property acquired with the aid /assistance of ancestral property(Doctrinal of
Accretion).
4. Separate property of coparcener thrown into the common stock(Doctrine of
Blending).
Separate Property/Self Acquired Property

• Acquired by Hindu in individual capacity.

Legal incidents of SP
1. Complete ownership
2. Devolution by inheritance
• By succession
• By testamentary succession if dies after making a will.
• No concept of survivorship.

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 Karta

Definition of Karta
• Definition: The Karta is the male member of a Hindu Undivided Family
(HUF) who has the responsibility of managing and conducting the family’s
affairs, particularly its property and finances.
• Position: The Karta is usually the eldest male member of the family, though
in some cases, a younger member may assume this role if they are designated
as Karta by the family.

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Key Responsibilities of the Karta
1. Management of Property: The Karta has the authority to manage the family’s
ancestral property (coparcenary property), make investments, and decide how the
property is used.
2. Financial Decisions: The Karta is responsible for the family's financial matters,
such as maintaining accounts, paying taxes, and managing any debts or liabilities.
3. Family Welfare: Ensuring the welfare and interests of the family members,
including ensuring education, health, and overall family well-being.
4. Conducting Family Affairs: The Karta handles the legal and formal
representation of the family in legal matters, such as property disputes, court
proceedings, and government dealings
Powers of the Karta
1. Control Over Ancestral Property: The Karta has exclusive control over the
family's ancestral property, but this control is exercised for the benefit of the
family.
2. Alienation of Property: The Karta has the power to sell, mortgage, or lease the
property for the benefit of the family, although they cannot do so arbitrarily or
without the consent of the other coparceners.
3. Partition Decisions: The Karta can decide on partitioning the family property
among the coparceners, but the partition can also be initiated by other coparceners.
4. Binding Family: The Karta's decisions in relation to family matters are
generally binding on all members of the family, though they can be challenged in
certain situations.
Rights and Duties of the Karta

1. Duty of Care: Tahe Karta has a fiduciary duty to act in the best interest of the
family, ensuring that the decisions made benefit all members equally.
2. Obligation to Consult: While the Karta has significant powers, they are
obligated to consult with other coparceners when making major decisions,
especially involving large transactions.
3. Limited by Law: The Karta’s powers are not unlimited. They cannot act in a
manner that is prejudicial to the family’s interests or cause harm to the
coparceners.
1. Can there be more than one Karta?
Case: UOI v. Shri Ram Bohra AIR 1965SC 1531- same question arose in this case.
Supreme court observed “The existence od two Karta cannot lead to the smooth
management of the property of the JHF and the other affairs of the family in view of the
powers which the Karta of HJF possesses under Hindu Law”.
No scope of two Karta.
2. Can Female be a Karta?
Coparcenership is a pre-requisite to become the Karta.
Traditionally- till 2005 any women, Daughter could not be a Karta bcoz they were not
coparceners of the family.
Modern Law- Daughters(she) is also coparceners in the same manner as son also got the
same rights.