Hindu Joint Family

Prof. (Dr.) Vijender Kumar Professor of Law & Commonwealth Fellow Head, Centre for Family Law NALSAR University of Law, Hyd. vijenderkumar@yahoo.com

Hindu Joint Family and its Composition

A Hindu Joint Family consists of a common ancestor and all his lineal male descendants up to any generation together with the wife or wives (or widows) and unmarried daughters of the common ancestor and of the lineal male descendants. The common ancestor is necessary for bringing a joint family into existence; for its continuance common ancestor is not a necessity. The death of common ancestor does not mean that the joint family comes to an end.

Common Ancestor

Son Wife

Son

Son

Wife

Daughter

Daughter (M)

S S S

S D S S

S Wife

D S Son S Wife S Wife D Daughter M Married # Members of Hindu Joint Family

S S

S SS S S S S D S

Male S D

Female

Karta/Manager S S S Coparceners Members

Hindu Joint Family and its Composition

A Hindu joint family is not a corporate. A Hindu joint family has no legal entity distinct and separate from that of the members who constitute it. It is not a juristic person either. Hindu joint family is a unit and in all matters it is represented by its Karta. Within its fold no outsider, except by adoption, can be admitted by agreement or otherwise. It confers a status on its members which can be acquired only by birth in the family or by marriage to a male member.

Hindu Joint Family and its Composition

Hindu joint family is also different from a composite family. Composite family was unknown to Hindu law. The institution of composite family is a creature of custom and owes its constitution to an agreement. Where two or more families agree to live and work together, pool their resources, throw their gains and labour into the joint stock and shoulder the common risk, there comes into existence a composite family. A single male or female cannot make a Hindu Joint Family even if the assets are purely ancestral.

Hindu Joint Family and its Composition

For the purposes of assessment of tax, the Revenue Statutes use the expression, Hindu Undivided Family. This appears to be slightly different from the definition of a Hindu Joint Family. Example: for the purpose of Revenue Statutes, there can be undivided family consisting of a man, his wife and daughters or even of two widows of a sole surviving coparcener. This definition is relevant for the purpose of determining in which category the income should be assessed.

Hindu Joint Family and its Composition

In Surjeet v. W.T.Commr, AIR 1976 SC 109, the Supreme Court said that the expression Hindu Undivided Family in the Wealth Tax Act is used in the sense a Hindu Joint Family is understood in the Hindu law and a Joint Family may consist of a single male member and his wife and daughters and there is nothing in the scheme of the Wealth Tax Act to suggest that a Hindu Undivided Family as assessable unit must consist of at least two male members.

Presumption of Jointness:
Presumption of Jointness: This has been an accepted proposition from the beginning, that every Hindu Family is presumed to be a joint family. (Jagannath v. Lokanath, AIR 1981 Ori. 52). The presumption is that the members of a Hindu Family are living in a state of jointness, unless contrary is proved. The normal state of every Hindu Family is that it is joint family, presumably joint in Food, Worship and Estate.

Presumption of Jointness:

Normally a joint family is joint in food, worship and estate, yet if it is not joint in food or worship or in estate, in any one or all of them, it does not necessarily imply that it has ceased to be a joint family. Thus where three brothers owning a joint family house were working at three different places, it was held that they constituted a joint family; simply because they are not living jointly does not lead to an inference that they do not constitute a joint family. (Kethaperumal v. Rajendra, AIR 1959 Mad. 409).

Common Ancestor

Son Wife

Son Wife S S

Son

Wife

Daughter

Daughter (M)

S S S

S D S S

DS

S S S SS S S

D Wife

S S

S Wife S

S S D S

S Wife S D

Presumption of Jointness:

There is no presumption that joint family possesses joint property. (K.O.Reddy v. V.N.Reddy, AIR 1984 SC 1171; Chander v. Godhani, AIR 1981 Pat. 43). There is no presumption that the property held by a member of joint family or a business conducted by a coparcener is joint family business. In Hindu law existence of joint property is not a condition precedent to the existence of joint family.

Karta:

Who can be a Karta? Father- so long he is alive, after his death it passes to the senior most male member. Uncle- if coparcenary consists of uncle and nephews. Elder brother- if coparcenary consists of brothers. Junior most male member- the junior member owes his appointment to the agreement or consent of the coparceners. Coparceners may withdraw their consent any time. More than one Karta- there can be more than one Karta. Female member as Karta- female member cannot be a Karta of the Hindu Joint Family. (Commr. of IncomeTax v. Seth Govind Ram, AIR 1966 SC 2).

Female member as Karta:

In Kesheo v. Jagannath, AIR 1926 Nag. 81, the Court held the view that mother, though not a coparcener, can be, in the absence of adult male members, Karta of the joint family, and her acts will be binding on others as that of a Karta.
Ratio of the case: that any adult members may be the manager of the joint family, and in case of need a step-mother could bind her step-son, who was a minor, by alienation of the joint family property, in whatever character she purported to act.

Female member as Karta:

In Gangoli v. H.K.Channappa, AIR 1983 Kant. 222, the Karnataka High Court expressed the view that the mother as natural guardian of her minor sons can manage the joint family property and appointment of a guardian by Court will not be justified. This is obviously the situation where father is dead and there is no adult male member.

Female member as Karta:

In Commr. of Income-Tax v. Seth Govind Ram, AIR 1966 SC 2, the Supreme Court after reviewing the authorities, took the view that the mother or any other female could not be the Karta of the joint Hindu family and therefore cannot alienate joint family property. This is in acceptance with the text of Hindu law. According to Hindu sages (authorities) only a coparcener can be a Karta. Since females cannot be coparcener, they cannot be the Karta of the joint Hindu family.

Karta:

Position of a Karta in the Hindu joint Family: Relationship between Karta and the other members of the family are not: - that of Principal or agent; - that of manager (commercial firm); Karta: head of the family; act on behalf of other members; Partner: he is not like a partner; Power: his powers are almost unlimited; Trustee: he is not a trustee; Reward: no reward for his services.

Karta:

Rights/Powers of the Karta: right of management; right to see the income; right to representation of the family in: legal matters; social matters; religious matters etc. right of compromise; right to refer a dispute for arbitration; right of acknowledgment; right to contract debts; loan on promissory notes; right to enter into contract etc.