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  • Read the given passage very carefully and answer the question The concept of a Joint Hindu Family and Coparcenary is believed to be one of the cornerstones of Hindu famil

Read the given passage very carefully and answer the question

The concept of a Joint Hindu Family and Coparcenary is believed to be one of the cornerstones of Hindu family law. It is extremely important to understand the features and differences between the two. This article describes what are a Joint Hindu Family and a Coparcenary under the Mitakshara and Dayabhaga schools of law, respectively, and then highlights the difference between the two along with a tabular description.

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.

A joint Hindu family can still continue to function as the requirement of a male member is essential to start a Joint Hindu family and not for its continuance. It is not necessary to have at least two or more male members in the family to make it a Hindu Undivided family as a taxable entry. In the case of CIT v. GomedalliLakshminarayan, it was held that even if the coparcenary does not exist in a family still that family continues to be a Hindu Undivided family. A joint family, according to the Oxford Dictionary, is an extended family made up of two or more generations and their spouses who live together in a single residence. Likewise, the Hindu Joint Family consists of a common ancestor, his lineal male descendants, and their wives, daughters, and so on. So. while a common ancestor is required for the formation of a joint family, this does not imply that a common ancestor is required for its continuation.

Question

If XX and YY are brothers, and ZZ and QQ are XX and YY wives respectively. XX and YY died in a car accident, ZZ and QQ can carry on the Joint Hindu family in which of the following situation?

 

 

Option: 1

  If either of them is pregnant with their husband's child

 


Option: 2

If both of them are pregnant it is irrelevant the child must be of the husband but they cannot choose to adopt a child

 


Option: 3

If both of their contracts to be legal members of the Joint Hindu Family of their husbands

 


Option: 4

Only if the husband of either widow gave them the authority to continue as members of his Joint Hindu Family through the testamentary document

 


Answers (1)

best_answer

 Without a common ancestor, a Joint Hindu Family cannot be brought into existence. But, the presence of a common ancestor is a necessity only for its beginning, not for its continuation i.e. the death of the common ancestor does not bring the Joint Hindu Family to an end. Here, option (a) is the correct answer.

 

Posted by

Ajit Kumar Dubey

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