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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

Hindu law has two main schools:

 

 

Option: 1

Mitakshara school and Dayabhaga school

 


Option: 2

Mitakshara school and Mithila school

 


Option: 3

  Dayabhaga school and Benaras school

 


Option: 4

Dayabhaga school and Dravida school

 


Answers (1)

best_answer

Hindu law has two main schools: the Mitakshara and dayabhaga school. The Mitakshara school is a commentary on the code of Yajnavalkya and is written by Vijnaneshwar. The Dayabhaga is a digest of all the codes and is written by Jimutavahana.

 

 

Posted by

Ritika Kankaria

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