1) A Hindu joint family consists of a common male ancestor, his lineal male descendants, their wives and unmarried daughters. It is presumed that every Hindu family is joint. 2) The family is represented by its head or Karta. Membership can only be acquired through birth, adoption or marriage. Daughters have also become coparceners since 2005. 3) A coparcenary is a narrow body within the joint family consisting of the father and up to three main lineal descendants. Coparcenary rights are acquired only by birth or adoption, not agreement.

1. JOINT HINDU FAMILY
Name: Ramanand Karwa
College: Shri shiwaji Law College
L L B Second Year

2. INTRODUCTION
It is a presumption that 'Every Hindu family is joint family‘,
they cannot escape from the joint family.
Hindu family is joint family when it is joint in food, worship
and estate.

3. COMPOSITION OF JOINT FAMILY
 Common ancestor
+
lineal male descendant
+
his wife or wives( or widow)
+
unmarried daughter.
 Common ancestor is necessary for bringing of joint family. But Common
ancestor is not necessary for continuation.
 The death of the common ancestor does not mean that the joint family will come
to an end.
 Common ancestor is also called as last holder , head of the family and elders
male member of the family.

4. JOINT FAMILY
A
B
B1
B2
C C1Common
Ancestor

5. CORPORATE PERSONALITY AND COMPOSITE FAMILY
Hindu joint family is not a corporation. it is not a juristic personality.
It has no legal entity distinct and separate from that of the members
who constitute it.
It is a unit and in all affairs it is represented by its Karta or head.
No outsider , except by adoption can be welcomed in the family.
The status in the family can be acquired only by taking by birth in the
family or by adoption or marriage.

6. By way of Birth
By way of Adoption
By way of Marriage

7.  When 2 or more families agree to live and work together,
pool their resources , throw their gains and Labour. into the
joint stock and Shoulder the common risk, there comes into
existence the composite family.
 For the purpose of assessment of tax the revenue status
use the expression, 'Hindu undivided family' - this term is
used purely to determine in which category the income
should be assessed.

8.  When property is purchased in the joint names it is
for the person who alleges it to be a separate
property to prove it .
 Daughters are also made coparceners by virtue of
section 6(1) of the Hindu Succession Act 2005.

9. COPARCENARY
 Coparcenary is a narrow body of persons within a joint
family , and consist of the father, son, son's son, son's
son's son.
 It consists of father and three main lineal descendants.
In its continuous, the existence of the father -son
relationship is not necessary, the Coparcenary may
consist of grand father and grand children, brothers, uncle
and nephew and so on.

11. SOLE SURVIVING COPARCENER
 Incidence of coparcenership:
 1. Coparcener has right only by birth or adoption.
 2. Until partition takes place, it is an unpredictable and fluctuating interest which
may be enlarged by deaths and diminished by birth in the family.
 3. Every coparcener has the right to be in joint possession and enjoyment of
joint family property
-Community of interest and Unity of possession
 4. Every coparcener has right to be maintained including a right to marriage
expenses being defrayed out of family funds.

12.  5. Every coparcener is bound by the alienation made by the
karta for legal necessities or benefit of the estate and
 6. Every coparcener has a right to object and challenge
alienation made without his consent , made without legal
necessities.
 7. Every coparcener has the right to seek partition and
survivorship.
 8. Coparcenary cannot be created by an agreement, it is the
creature of law .

13. ILLEGITIMATE SON AS A COPARCENER
 Is always regarded as a member of his putative fathers joint family and as
such has a right to be maintained out of the joint family funds during his entire
life.
 He has not been considered as a coparcener.
 A putative father is generally A man whose legal relationship To a child has not
been established, but claims to be the father or who is alleged to be the father
To a child who is born to a woman to whom he is not married at the time of
childs birth.
 Mother becomes the natural guardian for the illegitimate son and over the
mother's property he has the right to seek share.

14.  Coparcenary between the same and insane persons:
An insane coparcener is entitled for maintenance, not a
share in the coparcenary property.
 On his cure or insanity his rights review. in any case his son is not
excluded from taking a share in the partition.
9. Coparcenary between a father and sons born or civil marriage:
if a Hindu performs a marriage under the special
Marriage Act 1954 with a non-Hindu, his interest in the joint family
property is severed.

15.  It does not mean that there cannot be a coparcenery between such a Hindu and
a son born to him out of that marriage, provided his is a Hindu.
 10.coparcenary within coparcenary:
It is possible that separate coparcenary me exist within a coparcenary.
 11. No female can be a coparcener:
- No family except daughter can be its member, though they are member of
the joint family.
-It means no female except the daughter has right by birth in the joint family
property.
-Hindu women's right to property act 1937- widow, by successin, on the
undivided share of the husband take absolutely not the coparceners in the family.

16. - The result was the right of other coparceners
Where suspended until the widow gives share to
them.
-Section 3 (3) gives her a right to Seek partition
also.