This article is written by Shivangi Sharma

• INTRODUCTION

A Hindu Undivided Family (HUF), also known as a Hindu Joint Family, Hindu Undivided Family shall consist of common ancestors along with all its lineal male descendants along with their wives and unmarried daughters. For the existence of the Hindu Joint Family, a common ancestor is essential but for its continuance, a common ancestor is not essential.

If the common ancestor dies still Hindu Joint Family shall exists as the upper links of the Hindu Joint Family are removed and lower links are added.

• FEATURES OF HINDU JOINT FAMILY

Hindu Joint Family is neither a juristic person nor a corporation; it has no legal identity separate from its members; it is a unit and all the affair of Hindu Joint Family shall be controlled by the head of the family known as, KARTA.

In ancient times only the senior male member acted as (KARTA) but with the passage of time such rights are also given to female members of the Hindu Joint Family.

In Gangoji Rao And Anr. vs H.K. Channappa And Ors. Karnataka High Court held that when the father is dead and there is no other adult male member then in this situation mother can act as the (KARTA) of the family and she can manage the Hindu Joint Family Property for legal necessity and for the benefit of the estate. There is only two ways of acquiring the membership of the Hindu Joint Family i.e., by birth and by marriage to male member of HJF.

It is always presumed that every family is Hindu Joint Family, unless that presumption is opposed by the incidence of partition.

Every HUF is joint in food, worship, estate but it is not a mandatory condition even if they are not joint in food, worship but they share an estate still they are still members of the Hindu Joint Family. It is not a mandatory condition that every joint family shall consist of joint family property. Some property may be purchased by the individual member but they enjoy it jointly.

• CLASSIFICATION OF HINDU JOINT FAMILY

1. Aparibandhadaya Property or Joint Family Property:-

All the properties inherited by a Hindu male from a direct male ancestor not exceeding three degree high to him, it is known as Aparibandhadaya Property and unobstructed heritage.

So the property inherited by Hindu male from his father, father’s father, and great grandfather comes under the joint family property.

2. Sapratibandhadaya Property or Separate Property:-

When the person acquire property from any other relation such as paternal or maternal, uncle, brother or nephew etc. then it is known as Sapratibandhadaya Property, it is also known as obstructed property because son, grandson, great grandson does not acquire interest in this property by birth.

• PARTITION OF HINDU JOINT FAMILY PROPERTY

Partition means severance of status or interest. It is the actual division of property in accordance with the share so specified. The entire joint family property is subject to partition and every coparcener is entitled to equal share. As a general rule the entire joint family property is subject matter of partition but there are certain joint family properties that cannot be divided due to their nature e.g.; wells, temple , a vehicle , staircase etc. In respect of those properties three methods of adjustment are available:-

• Some of these properties may be enjoyed by coparceners jointly or by turns
• Some of these properties may be sold and sale proceeds distributed among the coparceners
• Some of these properties may be allotted to one coparcener and its value is adjusted with the property allotted to other coparcener

There are various modes of partition such as Partition by suit, Partition by agreement, Partition by arbitrator, Partition by conduct. In the ancient Hindu law two modes of division of property were recognized i.e., PUTRA BHAGA and PATNI BHAGA. When a division of property is according to number of sons, it is known as Putra Bhaga and when division of property is according to number of wives, it is known as Patni Bhaga. There are certain rules related to partition, these are:-

1. When partition takes place between father and sons, then the rule is that each son takes a share equal to the share of the father.
2. When partition takes place between brothers, then the rule is that they take an equal share in the joint family property.
3. When there are branches, then there are two steps of partition. Firstly, division of properties takes place between father and sons i.e. between the father and the head of the Branches. The share allotted to the head of the branches will be the share of respected branches.^[1]

2 )COPARCENARY:-

• MEANING

The term Coparcenary is a narrow body within joint family, it shall consist of Father, Son, Son’s Son, Son’s Son’s Son. For the existence of coparcenary, father – son relationship is mandatory. But for its continuance father- son is not mandatory. The rule is that one shall not removed by more than four degree from the last holder of the property, the last holder of the property is defined as senior most living ancestor who hold the property. The concept of coparcenary is based upon this notion that son having birth right in the joint family property, not only the son but also son’s son and great grandson.

• FATHER
• SON
• SON’s SON
• SON’s SON’s SON
• FEATURES OF COPARCENARY

1. Every coparcener have the right to get maintenance from the joint family property including marriage expenses.
2. Every coparcener possesses right to partition provided he’s major.
3. Every coparcener is bound by the alienation i.e. sale, gift, and mortgages made by KARTA for legal necessity and for the benefit of the estate.
4. Every coparcener can challenge the improper alienation made by the KARTA.
5. Coparceners have fluctuating interest in the joint family property because this interest increases with the death of any family member and decreases with the birth of a member in the family.

• CAN THE DAUGHTER BE A COPARCENER?

When the Hindu Succession Act, 1956

Was enacted in the year of 1956, and only the son is a coparcener but over a period of time when the Hindu succession act, 1956 was amended in 2005, major changes were brought in section 6 of this act. Now, section ([6A. Equal rights to daughter in co-parcenary property) of the amended act states that, like the son, the daughter is also considered as coparcener and this comes with both rights and liabilities.

In Vineeta Sharma vs Rakesh Sharma on 11 August, 2020 case

It was held by the Supreme Court that it does not matter whether father is alive or not at the time of partition, daughter would get the property as coparcener even if father is not alive.

• CAN THE INSANE PERSON BE A COPARCENER?

As we know a coparcener is a person who has birth right to ancestral property so an insane person is also considered a coparcener but such a person’s right to partition gets suspended.

Mool Chand vs Mt. Chahta Devi And Anr. on 30 April, 1937 case

The court held that person’s interest who is suffering from leprosy would not be removed from Hindu Joint Family Property .^[2]

3).DIFFERENCE BETWEEN HINDU JOINT FAMILY AND COPARCENARY:-

• Hindu joint family shall consist of a common ancestor with lineal male descendants along with wives and unmarried daughters.

Coparcenary shall extend to four degrees from the last holder of the property.

• The membership of HJF is acquired by birth or through marriage.

Coparcenaries only acquired by birth and in some cases through adoption.

• A joint family shall constitute even after the death of KARTA.

A coparcenary may come to an end with the death of last coparcener.

CONCLUSION:-

The Hindu Joint Family and Coparcenary are governed by Hindu Succession Act, 1956 and its motive is to protect ancestral property and also family unity. Coparcenary is a narrow body within Hindu Joint Family which identify individual person’s Right to Property.

1. 1.Gangoli Rao And Anr.vs HK Channappa and ors.(1982)AIR 1983 KARNATAKA 222,(1983)1 KANT LJ 177
2. Dr. Paras Diwan, Modern Hindu Law289, Allahabad Law Agency, Faridabad, 24^th/2019
3. Hindu Joint Family - HJF ↑
4. 1.Vineeta Sharma vs. Rakesh Sharma (2020) AIR 2020 SUPREME COURT 3717, AIRONLINE 2020 SC 676
5. Mool Chand vs. Mt. Chahta Devi (1937) AIR 1937 ALL 605, AIR 1937 ALLAHABAD 605
6. Hindu Succession Amendment Act, 2005 ( Act 39 of 2005) ↑