DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE: EVIDENTIARY VALUE OF CASE DIARY/DAILY DIARY

SUBJECT: FAMILY LAW II

NAME OF THE FACULTY: Ms SUDHA KAVURI

Name of the Candidate: AADITYA VASU

Roll No. & Semester: 2013001 & 4TH Semester

ACKNOWLEDGEMENT

Writing a Project is one of the most significant academic challenges I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who
support and helped me to complete this project.
I am very thankful to my subject teacher Mrs. Sudha Kavuri without the kind of whom and help
the completion of my project was herculean task for me She donated her valuable time from her
busy time to help me to complete the project. I thanks to all of them who help in my completion
of project.

Abstract
A joint family or undivided family is an extended family arrangement prevalent throughout
the Indian subcontinent, particularly in India, consisting of many generations living in the
same home. All the male members are blood relatives and all the women are either mothers,
wives, unmarried daughters, or widowed relatives, all bound by the common relationship.
The Joint Hindu families in India may be mainly classified into two heads.
1. Mitakshara Joint Hindu family
2. Dayabhaga Joint Hindu family
Mitakshara JHF is governed by rules contained in Mitakshara. Mitakshara is a running
commentary on Yajnavalkia Smrithi written by Vijnaneswara. Mitakshara law is applicable in all
parts of India except the states of Assam and Bengal. Mitakshara Joint Hindu family also
known as Hindu Undivided Family is a peculiar institution recognized and followed by Hindu
Society from ancient period. Mitakshara JHF consists of a male, his wife, his unmarried
daughters and his male descendants up to any generation (i.e.; Sons, grand Sons, great
grandsons and so on.), their wives or widows and unmarried daughters.
This piece of work will discuss all the details and the evolution of the Mitakshara Joint Hindu
Family property with certain articles and literature reviews by different and eminent persons.

CONTENTS

OBJECTIVES/AIMS OF THE STUDY

There are two main objectives/aims of this project are:

To know the types of Joint families in India.

To know the evolution Mitakshara Hindu Joint Family.

Introduction
A joint family or undivided family is an extended family arrangement prevalent throughout
the Indian subcontinent, particularly in India, consisting of many generations living in the
same home. All the male members are blood relatives and all the women are either mothers,
wives, unmarried daughters, or widowed relatives, all bound by the common relationship.
The Joint Hindu families in India may be mainly classified into two heads.
1. Mitakshara Joint Hindu family
2. Dayabhaga Joint Hindu family
Mitakshara JHF is governed by rules contained in Mitakshara. Mitakshara is a running
commentary on Yajnavalkia Smrithi written by Vijnaneswara. Mitakshara law is applicable in all
parts of India except the states of Assam and Bengal. Mitakshara Joint Hindu family also
known as Hindu Undivided Family is a peculiar institution recognized and followed by Hindu
Society from ancient period. Mitakshara JHF consists of a male, his wife, his unmarried
daughters and his male descendants up to any generation (i.e.; Sons, grand Sons, great grandsons
and so on.), their wives or widows and unmarried daughters.
This piece of work will discuss all the details and the evolution of the Mitakshara Joint Hindu
Family property with certain articles and literature reviews by different and eminent persons.

Main Types of Joint Family System in India

Some of the important types of Joint Family System in India are as follows:
Although the joint family system seems to be general in India, it is a peculiar characteristic of the
Hindu social system. As a matter of fact we find joint family system in some non-Hindu
communities. Moreover, all Hindus do not follow the Brahmin pattern of family and, therefore,
there are different types of joint families. Different types of joint families found in India are
discussed below.

1. On the Basis of Relatives who are Members of Joint Family:

a) Collateral Joint Family:
It comprises two or more married couples between whom there is a sibling bond. In this type,
usually a brother and his wife and another brother and his wife live together with unmarried
children.
b) Supplemented Collateral Joint Family:
It is a collateral joint family along with unmarried, divorced or widowed relatives. The
supplemented relatives are generally the widowed mother of the married brothers or the widower
father, or an unmarried sibling.
c) Lineal Joint Family:
Two couples, between whom there is a lineal link, like between a parent and his married son or
some times between a parent and his married daughter, live together.
d) Supplemented Lineal Joint Family:
It is a lineal joint family together with unmarried, divorced or widowed relatives who do not
belong to either of the lineally led nuclear families: for example, the fathers widower brother or
the sons wifes married brother or sister.
e) Lineal Collateral Joint Family:
In this type three or more couples are linked lineally and collaterally. For instance, we can have a
family consisting of parents and their two or more married sons together with the unmarried
children of the couples.

f) Supplemented Lineal-Collateral Joint Family:

In this type are found a lineal collateral joint family plus married, widowed, separated joint
family plus married, widowed, separated relatives who belong to none of the nuclear families
(lineally and collaterally linked), for example, the fathers widowed sister or brother or an
unmarried nephew of the father.
2. On the Basis of Rules of Inheritance:
On the basis of Rules of Inheritance there can be two types of joint families (a) Mitakshara Joint
family, (b) Daya Bhag joint family.
(a) Mitakshara Joint Family:
The Mitakshara tradition of joint family is based on Yagya Valakya Smrjti and its commentary
which were made by Vigyaneswar. Mitakshara rules of inheritance are followed throughout India
except Bengal and Assam. According to this rule of inheritance, we find the following
characteristics:
(i) The ownership of property starts from the time of birth. Along with the father, the sons have
equal rights in the ancestral property during the life time of the father.
(ii) During the life time of the father there cannot be division of property among the male
members, but after the death of the father the sons have right over the property.
(iii) Women do not have equal rights over the family property as the males have.
(iv) The management of the property is the duty of the father.
(v) If there is any debt in the family then the father has the right to dispose of the family property
to settle the debt.
(b) Dux a Bhag Joint Family:

The Daya Bhag tradition is based on the commentaries made by Jeemutvahana. According to
Daya Bhag tradition, we find the following characteristics:
(i) The ancestral property cannot be divided during the lifetime of the father.
(ii) There is no question of claiming any right over the ancestral property during the life time of
the father:
(iii) The head of the family has the sole authority to manage, purchase or dispose the family
property in whatever manner he likes and only after, his death the question of the division of the
property arises,
(iv) Women also have right over the property.
Hence, we find that according to the Mitakshara law, the male members have a right over the
family property from the time of birth, but in Daya Bhag law there is no such thing as the right
over property from time of birth and only after the death of the father the property can be
divided.
According to Mitakshara law, if a person dies, the remaining persons equally claim the right over
the property. On the other hand, according to Daya Bhag law, if a male person dies without
leaving any sons then the share of the husband goes to the wife. In Mitakshara law only male
members can claim the property, but in Daya Bhag law, widows can claim a share in the
property. According to Mitakshara law, nobody can dispose of the family property, but in Daya
Bhag there is no such restriction. In this manner we find that the Hindu joint family is based on
rules of inheritance and rules of securing or disposing of the property.
3. The Basis of Authority:
There can be two types of families on the basis of authority
(a) Matriarchal Joint Family:

Matriarchal joint family is found among Nayars of Malabar. The characteristic feature of the
Nambudri distinguishes their Illom from the joint family of the other Hindus. The most
distinguishing feature is its non- partibility of family property. All the members who belong to
Illom have interests in the family property. But this property is not divided by the members
because the economic interests cannot be fulfilled if the family property is divided. Another thing
is that the consent of all the members is important.
For the perpetuation of Illom only the eldest son marries. Although other members of the family
are not debarred from marrying, generally they do not marry Nambudri women. They marry
Nayar women who, along with their children stay in their matrilocal families. Only when the
eldest brother fails to have children, the next senior brother marries a girl of his own caste to
perpetuate the family.
The eldest brother is the head of the family. He has absolute control over the property He has no
power to alienate the property either by sale, gift or otherwise any portion of the property
without the consent of all the members of the Illom. Though the younger brothers have no right
to demand a portion, they, nevertheless, have right to maintenance in the family property.
Another outstanding feature of the Illom is that the female members of the family have equal
rights with men in property. As such, sale or any such alienation can be valid only when it is
assented to by all the female members of the family. Accordingly, a wife can set aside any
alienation of property made by her husband.
Hence, the outstanding features of an Illom that distinguish it from the Hindu joint family are: (i)
non-partibility of family property (ii) more rights of female members in the family property.
The matrilineal family of the Nayars of Kerala is known as the Tarwad. A Nayar Tarwad is
made up a female and her male as well as her male children and the children of those female
children and so on. It does not include the children of sons, as they belong to the Tarwad of their
mothers.

The family property belongs to the Tarwad and the property is non-partible and individual
members are not entitled to enforce partition. The eldest member of the family is entrusted with
the management of the property and he is known as Karnavan. In case, the eldest male is found
to be incapable of managing the property due to either mental or physical incapacity, the next
senior male member steps into his place.
The Karnavan has more or less absolute authority over the family property, but he is not
empowered to make any permanent alienation of it. Any act of permanent alienation of the
property requires either the explicit or implicit consent of all the members of the Tarwad. The
Karnavan may be removed from his position, if he is found to have acted with bad faith or
wrecklessness or is proved to be incompetent to manage the affairs of the family.
When the Tarwad grows big, it may be divided into smaller units called Tavazhis with the
consent of all the members of Tarwad. Each Tavazhi, like a Tarwad consists of woman, her
daughters and sons, the daughters and sons of her daughters and so on. The property of the
Tarwad is equally divided among the Tavazhis. After the division, the members of Tavazhis cease
to have any right over the property of the parent Tarwad. But their kinship ties with the Tarwad
continues.
(b) Patriarchal Joint Family:
The patriarchal joint family is found among the tribes of central India as well as among all
Hindus which is patrilocal and patrilineal. The offsprings, particularly male members, do not
leave as a general rule their families of origin after they are married. Hence, the patrilocal joint
family consists of several families of origin and several families of procreation.
Among the Hindus we find a joint family system prevailing throughout India. The head of the
family or the Karta of the joint family has a right to make decision for his family because he is
the working head and he decides all family matters.

To conclude, there are many patterns of joint family found in different parts of India. The
different castes and tribes of India show different forms of family organization, but
fundamentally all family constitutions are either patriarchal or matriarchal.

Main characteristics of Joint Family

On the basis of the conceptual framework, we can mention some characteristics of joint family
system in India.
1. Common Residence:
One of the most important features of the joint family system is common residence. Members of
the joint family normally reside together in the same house or at one particular place. Some
scholars like Iravati Karve regard co- residentiality as an essential ingredient of jointness.
2. Common Kitchen:
Living together is not the only ingredient of joint family. A group of persons living at one place
or under one roof may not form a joint family. Therefore, the essential feature of a joint family is
the common kitchen. The members eat food prepared jointly at the common kitchen. The
undivided kitchen has been traditionally associated with the joint family system.
3. Common property:
The members hold common property. As Milley writes, the joint family is a cooperative
institution similar to a joint stock company in which there is joint property. The head of the
family manages the family property like a trustee.
The total earnings of the members are pooled into family treasury and family expenses are met
out of that. According to old Hindu law givers, the nature of joint family consisted in the
ownership of ancestral property. Daya Bhag and Mitakshara rules enjoin that during the life time
of the father, the property of the family cannot be divided between the members of the family.

4. Depth of Generations:
The joint family is large in size in comparison to nuclear family. It consists of members of three
or more generations including grandparents, parents and children. Sometimes, other kith and kin
such as uncles, aunts, cousins and great grandsons also live in the joint family.
5. Common Worship:
The Hindu joint family derives its strength from religion. Hence, it is associated with various
religious rituals and practices. It is. a feature of joint family system that there is a common mode
of worship and common Gods and Goddesses. The reason for this might have been the practice
of ancestor worship and the custom of Pinda Dana.
In ancient times, every family had its own deity or Kula Devata who was worshipped
throughout the ages. Thus, common worship of Gods and Goddesses has been associated with
joint family system.
6. Co-operation and Sentiment:
Scholars like I.P. Desai and K.M. Kapadia point out that jointness should be looked in functional
terms. A patrilineal joint family may consist of a number of households headed by males related
through the father.
It may be located even at distant places and may not even have property in common. But what is
common is that it identifies itself as members of a particular family, cooperates in rituals and
ceremonies, renders financial and other kinds of help, and cherishes common family sentiment
and abides by the norms of joint living.
7. Ritual Bonds:
The ritual bonds of the joint family are considered to be important component of jointness. A
joint family, thus, is bound together by periodic propitiation of the dead ancestors. The members
perform a Shradha ceremony in which the senior male member of the joint family propitiates
his dead fathers or mothers spirit offering it through the Pinda on behalf of all the members.

8. Authority of Karta:
The Hindu family is usually patriarchal. In the patriarchal joint family, the eldest male member
exercises authority. The authority of the head of the family is considered to be supreme.
The Hindu family, in theory and practice, enjoins the figure of the head of the family who is
responsible for the management of the house, management of finances, bread winner and wage
earner. The head of the family or the Karta enjoys the highest position in the family.
Majumdar has written, the Karta of the joint or extended family has the right to make decisions
for his family, he is the working head, he is the judge and the jury, he decides family quarrels, he
is the political head as every family has a place and is represented by the head of the family in
the social, ceremonial and in community activities. The power is traditionally given to the eldest
male of the family and the head allows little individual freedom to the family members.
As opposed to it, in the matriarchal joint family the eldest female member in theory exercises the
supreme authority.
9. Mutual Obligations:
The joint family consists of a number of relations who have a common residence and a common
kitchen. Because of living together and enjoying property in common, the members of the joint
family are also bound together by the ties of mutuality of obligations. It means that since they
live together, they share the sorrows and joys together. On all important occasions like birth,
death and marriage, they commonly share the burden of sentiments and emotions.
10. Familistic Organisation:
Joint family is based on a family which means the subordination of individual interests to the
interests of the family as a whole. This also means that goals or interests of the family must be
the goals or interests of the individuals.

11. Filial Relationship:

In contrast to conjugal ties (i.e. between husband and wife), emphasis is laid on filial relationship
(the father-son relationship) and fraternal relationship (the relationship between brothers) in the
joint family system. In other words, the conjugal relationship is subordinated to filial and
fraternal relationships.
12. Arranged Marriage:
In the joint family, the head considers it as his privilege to arrange the marriages of the members.
The individuals right to select his / her life partner is not allowed. The younger members rarely
challenge his decisions and arrangements.
13. Self-Sufficiency:
There was a time when the joint family was mostly self- sufficient. It used to meet the economic,
recreational, educational and other needs of members. The rural agricultural joint families were
mostly self-reliant.
14. Segregation of Sexes:
In the traditional joint family, social life of women was largely confined to family and relatives.
The segregation of sexes was accomplished in a variety of ways. There was separation of
perspective sphere of work for men and women.
Men were looking after the major occupational activities and women were looking after the
household works. Basically, the spheres of operation were separated. This separation of the sexes
in the family tends to characterize social life as well. The women were forming their own social
groups.
15. Kin Relationship between the Members:
We can say that a joint family may consist of members related lineally or collaterally or both.
There is more or less a unanimous agreement that a family is essentially defined as joint only

if it includes two or more related married couples. Also it has been observed that these couples
may be related (i) lineally (usually in a father -son relationship or occasionally in a fatherdaughter relationship) or (ii) collaterally (usually in a brother-brother relationship or /
occasionally in a brother-sister relationship). Both these types refer to the compositional aspect
of the patrilineal joint family. In matrilineal systems, found in
South-west and North-East India, the family is usually composed of a woman, her mother and
her married and unmarried daughters. The mothers brother is also an important member of the
family; he is the manager of the matrilineal joint family affairs the husbands of the female
members live with them. In Kerala, husbands used to be frequent visitors in their wifes
household and lived with their mothers household.

Mitakshara Hindu Joint family,

During earlier ages, agriculture was the main source of income, which required many hands and
legs to work together for the same. This resulted in evolvement of Joint Hindu family.
The Joint Hindu families in India may be mainly classified into two heads.
1. Mitakshara Joint Hindu family
2. Dayabhaga Joint Hindu family.
Mitakshara JHF is governed by rules contained in Mitakshara. Mitakshara is a running
commentary on Yajnavalkia Smrithi written by Vijnaneswara. Mitakshara law is applicable in all
parts of India except the states of Assam and Bengal.
Dayabhaga is JHF is governed by rules contained in Dayabhaga. Dayabhaga is a digest of all
smrithis viz. Manu Smrithi, Narada Smrithi, Yajnavalkia Smrithi.
Mitakshara Joint Hindu family also known as Hindu Undivided Family is a peculiar institution
recognized and followed by Hindu Society from ancient period.
1. Mitakshara JHF consists of a male, his wife, his unmarried daughters and his male
descendants up to any generation (i.e.; Sons, grand Sons, great grandsons and so on.), their wives
or widows and unmarried daughters.

The following diagram gives a clear picture of Mitakshara JHF

M-(Common male ancestor) + his wife W and his unmarried daughters

Sons of M + their wives or widows and unmarried daughters

Sons Sons of M + their wives or widows and unmarried daughters

Sons Sons Sons of M+ their wives or widows and unmarried daughters

Sons Sons Sons Sons of M + their wives or widows and unmarried daughters.
And so on to any generation.

2. A joint Hindu family consists of persons who live together. Joint family status is the result of
birth, marriage or adoption.
3. Membership of the JHF is a matter of law and cannot be a matter of agreement.
4. The members of the joint Hindu family are joint in food, worship and estate and may own
joint family property or individual properties.
5. All members are entitled to reside in the family house.
6. They are entitled to be maintained by the family.
7. Beneficial interests of surviving members will be increased by death of a member and
decreased by birth of a new member.

8. Joint family may or may not have properties. Possession of movable or immovable property is
not an essential condition for existence of a joint family.
9. Even illegitimate son is a member of the fathers joint family.
10. On marriage, daughter ceases to be a member of the fathers family and becomes a member
of her husbands family. Even after her husbands death, she continues to be a member of her
deceased husbands family. However, if she returns to her fathers family and claims the bounty
of the family, she is entitled to the right of maintenance.
11. Coparceners (4 male generations starting from the common ancestor) only shall have the right over
the ancestral property

12. The Hindu undivided Family is recognized as an entity for the purpose of taxation including
Income tax.
13. A member of JHF can keep individually acquired property called separate property.
14. The JHF property or the coparcenary property is managed by Kartha of the family.
15. Even after the death of M, the common male ancestor, the joint family continues with other
members until partition.
In Kerala, the system of joint family was abolished by the Kerala Joint Hindu Family System
(Abolition) Act 1975.

Mitakshara Co-parcenery
1. The Mitakshara Coparcenary is a narrower body in the Mitakshara Joint family system.
2. The Coparcenary concept is based on the birth right of the sons over the ancestral property
held by father.
3. Coparceners only shall have the birth right over the ancestral property.
4. Coparcenary consists of only (1) the father, (2) sons, (3) Sons Sons and (4) Sons sons Sons.
Only 4 generations starting from the father.

Father

Son

Sons son

Sons sons son.

5. The mother, wives or widows of sons, and unmarried daughters are not coparceners.
6. Sons belonging to the fifth generation onwards are not coparceners but only members of the
joint family. They become coparceners on the death of the father who is holding the ancestral
property.
7. A coparceners wife and children of are entitled to reside in the family house and can claim
maintenance out of coparcenary funds.
8. The Hindu Succession (Amendment) Act, 2005 the daughter of a coparcener is also a
coparcener and she has the same rights and liabilities in the coparcenary property as those of the
son.
9. The coparceners are having unity of ownership over the coparcenary property.
10 .Coparceners cannot predict the quantum of individual share, as new birth decreases the share
and death of a coparcener increases the share.
11. The coparceners are having joint possession over the coparcenary property.
12. Though ownership and possession vests with coparcener, it will be in actual possession by
the senior most coparcener called Kartha of the family, who manages the property.
13. Each coparcener can claim partition of coparcenary property.

14. A coparcener have the right to restrain unauthorized acts of other coparceners in the
coparcenary property like erection of building etc., if it interferes with his enjoyment of the
property.
15. A coparcener can ask for the account of management of the joint property.
16. A coparcener can alienate his undivided share in the coparcenary property by gift, mortgage
or Sale as per section 30 of Hindu Succession (Amendment) Act 2005.
17. On the death of a coparcener his interest in the coparcenary property will go to other
surviving coparceners. Legal heirs are not entitled to the property. This is called doctrine of
survivorship.
Explain Coparcenary within a Coparcenary.
Under Mitakshara Law it is possible that there may exist separate coparcenaries within a
coparcenary.
A coparcener is entitled to acquire property in his own name known as his separate property,
when he is continuing as a coparcener.
On the death of a coparcener, who has acquired property in his own name, the self-acquired
property will inherit to his heirs by succession and not to the surviving coparceners by
survivorship.

A (Father)

B
generations)

C- Son
D (Sons son)

B, C, D, E. F)

First
E (Sons son)

coparcenary

(4

including father- A,

New coparcenary starting F (Sons Sons son)

From E (on the
Self-acquired property
Of C as ancestral property)
To E, F, G

G (Sons Sons sons son)

The above figure illustrates coparcenary within a coparcenary.

4. Explain Apratibandha Daya and Sapratibandha Daya

Daya means heritage or property inherited by a person.
Under Mitakshara Law property inherited by a male Hindu is divided into two classes. They are
1

Apratibandha daya or Unobstructed heritage

Sapratibandha daya or obstructed heritage.

Apratibandha daya or unobstructed heritage

All properties inherited by a male Hindu from his father, fathers father and fathers fathers
father are called unobstructed heritage or Apratibandha daya. The holder of apratibandha daya
cannot alienate the property.

Sapratibandha daya or obstructed heritage

All properties inherited by a male Hindu from any relation other than his father are called
obstructed heritage or Sapratibandha Daya. Thus properties inherited by a male Hindu from his
mothers father, brother etc. obstructed heritage. His sons do not have any right over this during
his life time. The holder of Sapratibandha Daya can alienate the property. On his death the
Sapratibandha Daya will devolve by succession and not by survivorship.

Ways of acquiring property in Mitakshara Law.

Under Mitakshara law property is classified into two heads.

Joint family property or coparcenary property.

Separate property or self acquired property.

1. Joint family property

The joint family property or Coparcenary property is that in which every coparcener is having
joint interest and joint possession. It is the property in which the sons acquire an interest by
birth. Doctrine of survivorship is applicable.
The joint family property may be classified into the following heads based on the sources from
which it comes.
a. Ancestral property
The property inherited by a male Hindu from his father, grandfather or great grandfather is
known as ancestral property. This is also known as Apratibandha daya or unobstructed property.
Over this property, sons, grand sons and great grandsons will get birth right. Income from
ancestral property will also constitute ancestral property.
b. Joint acquisitions. - Properties acquired by joint labour of the coparceners will be presumed
to be joint family property. But if the coparceners intentionally keep the jointly acquired
properties as their separate property, it will not become a coparcenary property.
c. Blended Property- If a coparcener throws his separate property into the common stock after
relinquishing the claims over it, it is called Blending and the property is called blended property.
2. Separate property or self-acquired property
No birth right over it, Doctrine of succession is applicable, not so, only the owner has the right
over it.
The following are Separate Property:-

1. Obstructed Heritage or Saprathibanda Daya- the property inherited by male from any
relative other than father, fathers father, fathers fathers father. IT is said to be obstructed
because no birth right can be claimed over it.
2. Gifted property- Gift from friends or relatives.
3. Recovered lost family property- If a coparcener without spending family funds recover lost
joint family immovable property, he can take 1/4 th of it or in case of movable property. The
whole as its separate property
4. Self-acquisitions- By a persons own labour without the aid of Joint Family Fund.
5. Gains of learning- Gains of learning means the acquisition of property made by means of
education or training
In Gokul Chand vs Hukum Chand a coparcener sent to England for special training at the
expense of his family. The person when joint the civil Service, the Privy Council held that his
salary was joint family property. But in 1930 the Hindu Gains of Learning Act was passed and
after this a gain of learning is a persons separate property though joint family funds are used for
his education.
6. Government Grants- Given to a particular individual is his separate property.
7. Sole Coparcenary- If the Joint Family property devolves on sole survivor coparcener its
become his own separate property.