Alienation vs. Hindu Joint Family
INTRODUCTION
A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. But a Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenery property. These are the sons, grandsons and the great grandsons of the holder of joint property for time being, in other words the holder in unbroken male descent. The essence of coparcenary under Mitakshara law is unity of ownership. The interest is of fluctuating nature, capable of being enlarged by deaths in family and liable to be diminished by births in the family. It is only on partition that he becomes entitled to a definite share. Joint family property is purely the creation of Hindu Law, and those who own it are called coparceners.
Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an added importance in Hindu law, as, ordinarily, neither the karta nor any coparcener singly, possesses full power of alienation over the joint family property or over his interest in the joint family property, though under the Dayabhaga School a coparcener has the right of alienation over his interest in the joint family property. In this project we are not concerned with the alienation of separate property, as every Hindu, whether governed by the Mitakshare School or any of its sub-schools or the Dayabhaga School has full and absolute power over it. Such alienation is governed by the Transfer of Property Act.
Persons Competent to Alienate the Joint Family Property
Only the coparceners possess the right to alienate the joint family property. The non-coparcener members of the family do not have this authority. The coparceners who have such competence may be classified as follows:
1) The father,
2) The Karta,
3) Single coparcener in his personal capacity, and
4) All coparceners as one body.
FATHER’S POWER OF
A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters. But a Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenery property. These are the sons, grandsons and the great grandsons of the holder of joint property for time being, in other words the holder in unbroken male descent. The essence of coparcenary under Mitakshara law is unity of ownership. The interest is of fluctuating nature, capable of being enlarged by deaths in family and liable to be diminished by births in the family. It is only on partition that he becomes entitled to a definite share. Joint family property is purely the creation of Hindu Law, and those who own it are called coparceners.
Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an added importance in Hindu law, as, ordinarily, neither the karta nor any coparcener singly, possesses full power of alienation over the joint family property or over his interest in the joint family property, though under the Dayabhaga School a coparcener has the right of alienation over his interest in the joint family property. In this project we are not concerned with the alienation of separate property, as every Hindu, whether governed by the Mitakshare School or any of its sub-schools or the Dayabhaga School has full and absolute power over it. Such alienation is governed by the Transfer of Property Act.
Persons Competent to Alienate the Joint Family Property
Only the coparceners possess the right to alienate the joint family property. The non-coparcener members of the family do not have this authority. The coparceners who have such competence may be classified as follows:
1) The father,
2) The Karta,
3) Single coparcener in his personal capacity, and
4) All coparceners as one body.
FATHER’S POWER OF