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Even within
India its existence is restricted to only certain parts of the country. In this form of business
ownership, all members of a Hindu undivided family do business jointly under the control of the
head of the family who is known as the 'Karta'. The members of the family are known as 'Coparceners'. Thus, the Joint Hindu Family firm is a business owned by co-parceners of a Hindu
undivided estate. Its main features are :
It comes into existence by the operation of Hindu law and not out of contract. The rights and
liabilities of co-parceners are determined by the general rules of the Hindu law.
The membership of this form of business is the result of status arising from the birth in the
family and its legality is not affected by the minority. Originally, only three successive
generations in the male line ( grandfather, father and son) constituted the membership of
this organisation. By the Hindu Succession Act, a female relative of a deceased member or a
male relative of such a female member was made eligible for a share in the interest of the
related member ( called co-parcener) at the time of his death. There is no legal limit to the
maximum number of members.
Registration is unnecessary, but the rights of its members to sue third parties for claims of
debt remains unaffected.
It is managed generally by the Karta. He has the authority to obtain loans against the family
property or in other ways. Other members have no right of management nor to contract
loans binding on the joint-family property.
The manager or the Karta has the last word in the formulation of all policies and in their
execution. He has unquestioned authority in the conduct of the family business.
The Karta has unlimited liability while the liability of the other members is limited to the
value of their individual interests in the joint family.
The firm enjoys continuity of operations as its existence is not subject to the death or
insolvency of a co-parcener or even of the Karta himself. Thus, it has a perpetual life like the
public limited company.
Advantages
Ease of formation
Continuity of operations
Disadvantages
Relationships[edit]
This section
requires expansion.(June 2011)
In joint families in north and central India, between a bride or sister-in-law and her younger
brother-in-law a joking or teasing relationship is common, while the relationship towards an older
brother-in-law is that of respectfulness.[2]
In a traditional joint Hindu family, there is a subservient relationship between the wives of the
brothers; that is to say, the patriarchs wife is addressed as "Badi Bhabhi", meaning eldest
brothers wife. She is traditionally considered the mistress of the house, and is in charge of
running the household affairs and overseeing the servants (if any). The subsequent younger
brothers wives typically seek her advice and permission in regards to any matters/decisions
regarding the household and rearing of the children. In popular culture, Hindi dramas typically
display these relationships as contentious, as the badi bhabhi frequently abuses her position of
power.