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Get Answers to all your Questions
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
Minakshi a 35-year-old woman was forced out of her husband’s home by his family along with her 5-year-old son Jatin. They started living in Minakshi’s parent's home after that. When Jatin became major he demanded a share in his maternal grandfather’s property because his maternal; uncles refused to maintain him on the death of his mother. Here-
Jatin is part of his maternal Joint Family and can claim his share in the property
Jatin is part of his maternal Joint Family but he cannot claim his share in the property
Jatin is part of his Father’s joint family and must ask for his share from his own Joint Family
None of the above
Answers (1)
If the daughter is deserted by her husband or becomes a widow, and returns to her father’s home permanently, she again becomes a part of her father’s Joint Hindu family. But her children, remain part of their father’s Joint Hindu family.
