Joint Hindu Family Hindu Undivided Family HUF
Hindu joint family is a kind of family system, which is typically seen amongst the Hindus only. The concept of Hindu joint family is nothing new, and it is in existence since long. This kind of family was well recognised by customary laws. According to the Bombay High Court, a joint Hindu family consists of all persons lineally descended from one common ancestor and includes their wives and unmarried daughters. Jointness is the fundamental feature of this kind of family. However, the interpretation of this kind of jointness is not to be conceived in literary sense. One may say that mere staying together can constitute the status of joint-ness. The meaning, however, is far wider. The family is treated as joint not only with reference to the estate but also with regard to food and worship. Following are certain principles for the purpose of determining the jointness of any Hindu family: Until the contrary is proved, every Hindu family is assumed to be joint in terms of food, worship and estate. Mere living separately does not breach this jointness. Though it may be a relevant factor towards proving the state of separated but however it is not a conclusive one. Once, a family is regarded as joint, then in absence of any clear-cut separation, the presumption of jointness remains intact. This indeed is a very strong presumption and it favours the brothers who are continuing with the state of being joint. The burden of proof lies on the person who alleges that there is a severance of the joint status. In case of a partition already taken place, the general presumption would be that the joint status is no more available. However, at that time, if there is someone alleging that some part of the property is still existing in the undivided form then the burden shall be upon the person who alleges the existence of such unpartitioned property. When a joint family continues to hold property jointly then such property shall be treated as joint family property. However, on the basis of mere fact that the family is joint no assumption can be drawn that the nature of holding property is also joint. This is true because of the principle already referred above that it is not an essential requirement for a joint family to hold or possess property jointly
Meaning of Hindu Undivided Family: Hindu Undivided Family ("HUF") which is same as joint Hindu family is a body consisting of persons lineally descendant from a common ancestor, including their wives and unmarried daughters, who are staying together jointly; joint in food, estate and worship. The daughter,
on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. Joint Hindu family with all its incidents is a creature of law and cannot be created by act of parties except to the extent of which a stranger may be affiliated to the family by adoption. But the absence of antecedent history of jointness, between the male member and his ancestors is no impediment to the male member, his wife and unmarried daughter forming a joint Hindu family. The male member's wife becomes his sapinda on her marriage with him. The daughter too on her birth became sapinda and until she leaves the family by marriage the tie of sapindaship will bind her to the family of her birth. Difference between Dayabhaga HUF and Mitakshara HUF The principal difference is that unlike Mitakshara, under Dayabaga law, HUF does not automatically (as operation of law) come into existence but it comes into existence by voluntary decision of the legal heirs. Unlike Mitakshara, in Dayabaga law, the son does not get interest in the family property by his birth. As such, as long as the father is alive, the son does not have interest in the family property. Till father is alive, there is no unity in ownership; there is only unity in possession as far as the ancestral property is concerned. Creation of HUF: HUF is a creature of...
Please join StudyMode to read the full document