Difference between Joint Hindu Family and Coparcenary

In India, extended families are known as Hindu joint families, and they are very significant legally. A joint family is significant because it can be traced back to a single ancestor, which is its fundamental quality. In addition, joint families can last for all of eternity despite members' births and deaths.

Determining that a joint Hindu family is not a legal entity is crucial because it is a single familial unit. Only the taxation department considers it legitimate. Hindu families can also be defined in a variety of ways.

What is Joint Hindu Family?

A joint family, also known as an undivided family, is a form of extended family popular on the Indian subcontinent, notably in India, that consists of several generations residing in the same home and being connected by a shared bond.

Hindu joint families are now governed by the Hindu Succession Act of 1956. In Hindu civilization, it happens frequently. A Hindu must create a blended family, as was previously said. According to the theory, if a division ends in one generation, it will instantly reemerge in the following generation. This supports the idea that each and every Hindu family is a joint Hindu family.

Rukhmabai vs. Lala Laxminarayan and Rajagopal vs. Padmini

It was determined that a family remains a joint family if it is united in matters of food, worship, and inheritance. Even though a family does not share food or worship, i.e., if they live apart, they might still be considered a joint Hindu family if they share an estate.

Chhotey Lal & Ors. vs. Jhandey Lal & Anr

It was determined that a joint Hindu family is neither a company nor a juristic person because it lacks a separate legal entity from its members. A joint Hindu family is a unit that is represented in all affairs by the Karta of the family.

School of thoughts in HJF

There are two types of school of thought under Hindu Joint Family-

Mitakshara School

The Mitakshara School bases the distribution of parental wealth on the notion of birthright ownership. A man can also leave his possessions in his will. The collective known as coparceners receives the joint family property. There are those who are a part of the following three generations.

As a result, the joint family property through partition may be changed into a separate property at any time. Sons have an exclusive birthright to the joint family property at Mitakshara School.

Dayabhaga School

The distribution of property is incredibly straightforward in the Dayabhaga Scheme. If a man passes away intestate, his sons are entitled to a proper portion of his estate. He will own distinct property (a share equal to his own) from his brothers if they share a portion of the land in question. In addition, the property is split into four halves.

Composition of Joint Hindu Family

In Surjit Lal Chhabda v. CIT

It was held that HJF includes all male family members who are lineally descended up to any generation from a common ancestor, as well as their mothers, wives, widows, and unmarried daughters, a girl lives in the joint family of her parents until she marries. Once she marries, she joins her husband's joint Hindu family.

In Gur Narain Das v. Gur Tahal Das

It was held that a daughter rejoins the joint Hindu family if her husband deserts her or if she becomes widowed and moves permanently back in her father's family. On the other hand, her children do not join the mother's father's joint Hindu family; instead, they continue to live with their father's joint Hindu family. The joint Hindu family of a male descendant shall include even his illegitimate offspring.

Beginning of Joint Hindu Family

Remember that a joint Hindu family cannot be created without a common ancestor. The existence of a common ancestor is necessary for its establishment but not for its maintenance, i.e., the death of the common ancestor does not cause the Joint Hindu Family to dissolve. Lower family connections are made, and upper family connections are broken by marriage, childbirth, or adoption of the kid in the marriage. As long as the species survives, this cycle will keep happening. The members are linked by their Sapinda relationship, which refers to their shared ancestry through up to three and five lines of descent from their mothers' and fathers' sides, respectively.

What is Coparcenary?

“Coparcenary is a term used to describe a type of property ownership in which numerous inheritors own an undivided, transferable interest in the same piece of real estate.”

Every coparcener has a legal claim on the coparcenary property by birth, according to the law. However, when family members are born and die, their portion of the property is always shifting. This regulation also governs followers of Buddhist, Jain, Sikhism, and other non-Hindu religions in addition to Hindus. The coparcenary principle applies to both ancestral and self-acquired property, and this is important to keep in mind.

Although a person is free to handle his self-acquired property according to his will, self-acquired property differs from ancestral property in that all co-owners have equal rights over the property.

Who can be Coparceners?

The senior-most male member must be present to start a coparcenary, just as it is in a Joint Hindu Family. To start and even thrive, a coparcenary needs at least two male members. As long as there are at least two male members (coparceners), the coparcenary maintains the status of a joint family by having the top links removed and the bottom links added to the chain.

• A male family member who is born within three generations of the property's previous owner (for a total of four generations) automatically acquires the status of coparcener, or a right to the family's property by birth.

Rights of Coparceners

There are three rights of coparcener-

Composition of coparcenary

Coparcenary, in contrast to the Joint Hindu Family, which consists of all male lineal descendants going back three generations from the last owner of the property. The coparcenary is made up of the senior-most member, known as the "last holder," and up to three generations, including the son, the son's son, and the son's son's son. A generation can have however many male members it wants. In addition to this, the Hindu Succession Amendment Act 2005 equally given coparcenary right to daughter in the same manner as of son. So, there is no difference between son and daughter, both have the coparcenary right

Conclusion

The principles of Hindu law, such as coparcenary and Karta, were previously based on a mentality that supported a patriarchal society. Coparcenary is seen as a component of the Joint Hindu Family's core idea. With the passage of time, and particularly with the implementation of the Hindu Succession (Amendment) Act, 2005, the legislature made an effort to equalize the status of women and, to some extent, combat the patriarchal system.

FAQs

Q1. What distinguishes a Hindu joint family from a Coparcenary at Mitakshara School?

Ans. Hindu joint families are made up of members who have a common ancestor. Thus, a male head and his offspring, including their wives and unmarried daughters, are included. A smaller family group that owns property together is known as a coparcenary.

Q2. Can a female be a coparcener?

Ans. If a woman is the eldest family member and a co-parent of the HUF, she may serve as the family's Karta.

Q3. Can a Karta give gift to Coparcener?

Ans. Without the approval of other co-owners, a Karta may give away any moveable property of the HUF for reasons such as fulfilling an essential responsibility, providing comfort during hard times, providing for the needs of the family, or showing affection. Karta's ability to donate HUF assets is subject to some limitations under Hindu law.

Q4. Can sister be a Coparcener?

Ans. The oldest person and three generations of a family make up a coparcenary. It might have included a son, a father, a grandpa, and a great grandfather in the past. Even domestic ladies can now be a coparcener thanks to the HSA amendment.