Mitakshara joint family pdf

Mitakshara School of Law It is one of the Hindu law schools that govern the succession of property in a Hindu family. Joint Hindu Family is an important concept under Mitakshara school under which the son, grandson and grandson's son have a right by birth in the family property. It is further divided into 4 schools: The Benaras school; Joint family property is synonymous with coparcenary property. It devolves by survivorshop and not by succession while under the Dayabhag law it devolves by succession. Thus Mitakshara divides property into two classes, namely, apratibandha daya or un-obstructed heritage, and sapratibandha daya or obstructed heritage. property passes by survivorship to the other male members of the family. Dayabhaga- Rights in the joint family property are acquired by inheritance or by will, and the share of a deceased male member goes to his widow in default of a closed heir. MITAKSHARA SCHOOL: The Mitakshara School exists throughout India except in the State of Bengal. Mitakshara Co parcenary ± The system of copartionary Formation of Mitakshara coparcenary - A single person cannot form a coparcenary. There should be at least two male members to constitute it. Like a Hindu joint family, the presence of a senior most male member is a must to start a coparcenary. A minimum of two members are required to start The Mitakshara joint family is a unique contribution of Hindu jurisprudence which has no parallel in any ancient or modern system of law. It has been a fundamental aspect of the life of Hindus. It is an integral part and the most characteristic way of Hindu life. For a Hindu, there is no escape from the joint family. Mitakshara is believed to be written between 1055 CE and 1126 CE by Vijnanesvara. Some of the most important chapters of Mitakshara include property rights, property distribution, and inheritance. Mitakshara considers only the male members of the family under the joint family system. The males of the family have the complete hold over the property. 4. It is a unit represented by Karta. 5. Member of Hindu joint family can be ousted due to partition, conversion, valid adoption or by marrying a non Hindu. 6. It may consist of a single male member and his wife and daughters, or a single male member and a widow of coparcener, or even when there are only widows. In Sitabai v. BALLB (H) SYLLABUS Family Law - II PAPER CODE: 202 UNIT-I Joint Hindu Family A. Mitakshra and Dayabhaga Schools B. Formation and Incident under the coparcenary property under Dayabhaga and Mitakshara: Extent and mode of Succession. C. Karta of Joint Family: Position, Powers and privileges. D. Debts - Doctrine of pious obligation and antecedent debts In Mitakshara coparcenary no female can be its members, though they are members of joint family. Even the wife who is entitled to maintenance enjoys only the right to maintenance but she can never become a coparcener. Thus a female does not have the right to demand partition. Since she is not a coparcener, she cannot become the Karta of the family. 2. Father has restricted power of alienation of the joint family property and the son (or daughter) can claim partition at any time. 3. Members of the Mitakshara coparcenary cannot dispose of their share while the coparcenary is not divided. 4. The rule of survivorship was applied for the devolution of interest in coparcenery property. recognise the rule of survivorship even in the case of joint family property. The reas