Joint Family

ORIGIN, ITS NATURE AND CONSTITUTION

• The institution of joint hindu family is very old.

• It is a unique institution.

• The fundamental principle of the Joint Hindu Family is the

Sapindaship, without which no Joint Hindu Family can be in existence.
Therefore, Joint Hindu Family status is ordinarily the result of blood
relation by birth or affiliation by adoption or marriage (Rukmini Bai
Rathor v. CWT (1964) 54 ITR 430 (Orissa).
• Joint Hindu Family is a creature of law.
• It can not be created by act of parties, except the affiliation by
adoption and marriage.
• Absence of an antecedent history of jointness between a Hindu male
and his ancestors is no impediment in starting his own family and
having Sapinda relationship with his wife and progeny.
• Joint hindu family consists of all persons lineally descended from a
common ancestor and includes their wives and unmarried daughters.
• A daughter ceases to be a member of her fathers family on marriage
and becomes a member of her husbands family.
• Th existence of a joint estate is not a essential requirement to
constitute joint family, there can be a joint family even in absence of
an estate.
• Generally, a hindu family is regarded as joint not only in estate but
also in food and worship.
 MEMBERS OF JOINT FAMILY
• The following category of persons constitute joint family –
• 1. Persons, lineally connected to the male line
• 2. Collaterals
• 3. Any person related by adoption
• 4. Dependants
• 5. Son born out of marriage between a male Hindu and Christian
woman under Special Marriage Act,1954
PRESUMPTION OF JOINTNESS
• It is a general presumption that every hindu family is joint in food,
worship and estate. Once a family is admitted to be joint, it is
presumed to be joint in absence of separation,.
• Where it is proved that partition has been effected, the burden of
proving that the estate remains joint is on the person who alleges
it.(K.V. Narayanswami Iyyer v. K.V. Ram Krishna Iyyer AIR 1965 S.C.
289)
• Where it is proved that family is joint and it possess joint property,
the presumption is that all the property is joint. But from the mere
fact that a family is joint, no presumption can be drawn that it
possess joint property or it has some property.
Burden of proof -
• Every hindu family is presumed to be joint, hence burden of proof is
on the person who alleges separation. But the law may vary according
to the circumstances of the case and no abstract proposition of law
governing every case can be laid down.
Management of joint family -
• The affairs of a joint family are managed by the head of the joint
family, who is called the manager or ‘Karta’.
• Th father if living would generally be the karta of the joint hindu
family. He is the representative of the family and is considered
supreme in the management of the property. It is open to the senior
member to give up his right of being karta, in such case next senior
member becomes karta.
• Karta is the person in whom others in the family repose confidence
and trust.
•‰
The senior most male coparcener Even if the karta becomes aged,
infirm, ailing, or even a leper,he may continue to be KARTA. Where
the senior most member is not Karta, the next senior male member
takes over as Karta. {Man vs. Gaini ILR (1918) 40 All 77}
POWERS OF KARTA
• Power over income and expenditure
• Power to manage joint family business
• Power to contract debt for family purposes
• Power to enter into contracts
• Power to refer to arbitration
• Power to enter into compromise
• Power to give discharge
• Power to represent in suits
POWERS OF ALIENATION
• The power of alienation can be exercised by Karta, where the joint family
property can be alienated for the following three purposes only :
• Legal necessity.
• Benefit of estate of the family.
• With the consent of all the existing coparceners; they being all adults
• The Karta can alienate the joint family property with the consent of the
coparceners even if none of the of the above exceptional cases exist and if
all the coparceners are adult the alienation is binding on the entire joint
family. [Kandasami V. Somakanda ILR (1912) 35 Mad 177 ]
 LIABILITIES / DUTIES OF KARTA
• The karta has the following duties –
1. Duty to render accounts
2. Duty to realise debts due to family
3. Duty to spend reasonably
4. Duty not to start a new business without the consent of other
coparceners
5. Duty not to alienate the coparcenary property without ‘legal
necessity’ or ‘benefit of the estate’.