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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

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

What is the status of the daughter in the Hindu Joint Family?

 

 

Option: 1

  A daughter remains a part of her parents’ joint family, it is immaterial whether she is married or not.

 


Option: 2

The married daughter is a part of her husband’s Joint Hindu family as a daughter of that family

 


Option: 3

  Married daughter’s right severe as member of Joint Family once she attains majority

 


Option: 4

A daughter remains a part of her parents’ joint family, till the time she is unmarried

 


Answers (1)

best_answer

Hindu Joint Family consists of all the family members. To cite all the male members descended lineally up to any generation from a common ancestor together with their mothers, wives, widows, and unmarried daughters. The status of daughters is discussed in the case of Surjit Lal Chhabda v. CIT, Court held that a daughter remains a part of her parents’ joint family, till the time she is unmarried. But, once she gets married, she becomes a part of her husband’s Joint Hindu family. 


 

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Rakesh

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