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Essay On Hindu Joint Family

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INTRODUCTION
A Hindu joint family comprises all persons lineally descended through males from a common ancestor including their wives and unmarried daughters. Whereas a Hindu Mitakshara Coparcenary is a body narrower than a Hindu joint family and consists only of males of upto 4 generations who acquire an interest in the Coparcenary property or the joint family property by birth with a unity of possession. The person having interest in the coparcenary property is known as a coparcener.
Coparcenary property consists of the ancestral property and not the separate property of a coparcener. Ancestral property is the property inherited by a Hindu from his father, father’s father or father’s, father’s father whereas the property inherited from any other relation or the self-acquired property of the person is his separate property.
The two main schools of Hindu law are Mitakshara School and Dayabhaga School. The Mitakshara law is applied in whole of India except the states of Bengal and Assam where the Dayabhaga system is followed.
The Mitakshara Coparcenary recognizes 2 modes of devolution of property which are survivorship and succession. The principle of survivorship applies to joint family coparcenary property whereas succession applies only to separate …show more content…

States of Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka inserted provisions wherein the daughter was made a coparcener by birth in the joint family property in her own right in the same manner as the son. This scheme was followed by the central legislature which passed the Hindu Succession Amendment Act, (2005). This act made the daughter a coparcener by birth. It also omitted Section 23 of Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares therein. Thus this amendment removed the discrimination against

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