Hindu Joint Family

By
Kavita Singh
Associate Professor
NLIU
 Hindu Joint Family

According to Sir Dinshaw Mulla, “A joint Hindu family consists of all persons
lineally descended from a common ancestor and includes their wives and unmarried
daughters. A daughter ceases to be a member of her father’s family on marriage, and
becomes a member of her husband’s family”.
 Origin of Hindu Joint Family

• Ancient patriarchal system where the patriarch or the head of the family was the
unquestioned ruler, laying down norms for the members of his family to follow ,
obeyed by everyone in his family , and having an unparalleled control over his
lives and properties.

• At root – general welfare and the promotion of the family as aunit - where family
interests were above the individual member’s interest.
 Characteristics of Joint Family
1. Large Size

2. Common Residence

3. Common Kitchen

4. Joint Property.

5. Common Worship

6. Blood Relationship

7. Common Organization.
8. Rule by Karta.

9. Principle of Seniority.

10. Joint Responsibility.

11. Mutual Rights and Obligations

12. Filial Relationship

 Composition of Hindu Joint Family

• Male members descended lineally up to any generation from common male

ancestor together with their wives, widows and unmarried daughters (Surjit Lal v.
CIT 1976 SCC (3) 142).

• Upper links of the family are removed and lower links are added by marriage,
birth, or adoption of the child in the marriage.
 Daughter -

• Part of her parents’ joint family till the time she is unmarried.

• Upon her marriage she becomes a part of her husband’s Joint Hindu family.

• Widowed or deserted daughter returns back to her father’s home permanently,

she again becomes a part of that Joint Hindu family. Her children, however,
remain a part of their father’s Joint Hindu family and do not become a part of the
mother’s father’s Joint Hindu family.
 Position before the Hindu Adoption and Maintenance Act, 1956:

• Before 1956 daughters did not have the capacity to add a male member to her
father’s joint family. She could give birth to a legitimate child only after her
marriage, and once she is married she becomes a part of her husband’s joint family
and ceases to be a part of her father’s joint family.

 Position after the Hindu Adoption and Maintenance Act, 1956:

• The Act gave power and permission to even a single woman to adopt a child.
Now, the woman could add a male member to her father’s Joint Hindu family
without getting married.
 Position after the Hindu Succession (Amendment) Act, 2005:

• The amendment to the Act gave the right to a daughter to be a coparcener and
now she can not only continue the Joint Hindu family but also constitute one with
her father and brothers.

 Position when there are only husband and wife :

• As there is a chance of adding a male member or basically a coparcener to the

family by the couple, therefore they can constitute a Joint Hindu Family.
• Common male ancestor necessary for bringing the joint family into existence ,
but necessary for its continuation.

• E.g. – a family consists of male member A, his two sons S1 and S2, wife W1 of
S1. On the death of A, the joint Hindu family does not come to an end and will
continue with S1, S2, and W1. (A)

S1W--S1 S2
 Illegitimate Son – An illegitimate son is a member of his father’s Joint Hindu
family (Gur Narain Das v. Gur Tahal Das AIR 1952 SC 225)

 Unborn Child – Child in mother’s womb (till he is born alive) is not a member
of HJF, but considered in existence for other property related matters.

Position when there is only one male member in the family –

• HJF still continues to function as the requirement of a male member is essential to

start a Joint Hindu family and not for its continuance.

• Not necessary to have two or more male members in the family to make it a Hindu
Undivided family. ( Surjit Lal v. CIT (1976) 3 SCC 142)
Position when there are only female members (widows)

• Plurality of members institutes Joint Hindu Family but plurality of male members
is not crucial.

• Upon the death of the last surviving male member, the other family members can
continue to be a Joint Hindu family so long as property remains in the hands of of
widows and is undivided (CIT v. Sarwan Kumar (1945).

• HJF can not disintegrate as long as the female members of the family can add a
male member to the family, a joint family does not come to an end.
 Position When there is a Single Male Member -

• A Single male member after partition does not constitute Joint Hindu Family even
if he has all the ancestral property in his hand.

• A minimum of two members are required to start a joint family.

• He can form a joint family with his wife but to form Coparcenary it needs a
minimum of two male members (CIT vs. Laxmi Narayan 1948 16 ITR 313
Nagpur)
 Presumption of Jointness-

• A Hindu family is presumed to be joint unless contrary is proved i.e. jointness in

food, worship and estate.

• Mere severance in food and worship does not result in severance.

• Hindu Joint Family is not a juristic person or a corporate entity distinct from its
members.

• A Hindu Joint Family cannot own or convey a property in its joint character. It is
a creation of law and not by the act of parties.
 Addition in Joint Family Ouster from a Member from Joint Family

• Birth Death

• Marriage of sons Marriage of Daughters.

• Valid Adoption Child given in valid adoption

Conversion

Caste Disabilities Removal Act,1850

.
 Effect of Marriage Solemnized under Special Marriage Act, 1954 on Hindu
Joint Family

• “ S.9 Special Marriage Act, 1954 - Effect of marriage on member of

undivided family —

The marriage solemnized under this Act of any member of an undivided

family who professes the Hindu, Buddhist, Sikh or Jaina religions shall be
deemed to effect his severance from such family”.
• Rose Marie v. WTC AIR 1970 Mad. 249 –

Court Held –

“Marriage of a male descendant with a non Hindu under SMA, 1954 results in
severance of from his family, but such a man can constitute coparcenary with his
son, provided son is brought up as a Hindu”
 Hindu Undivided Family (HUF)–

• Revenue statutes find mention of HUF.

• S.2(g) Indian Income Tax act,1922 defines a’ person’ to include ‘HUF’ a taxable
unit.

• HUF is taxed separately from its members.

• One person cannot form HUF, it can only be formed by a family.

• HUF usually has assets which come as a gift, a will, or ancestral property, or
property acquired from the sale of joint family property or property contributed to
the common pool by members of HUF.
 Difference Between HJF and HUF
Hindu Joint Family Hindu Undivided Family

Presumption that every family is a No such presumption under Taxation

joint family until proved contrary Law

No presumption that every joint Concept of HUF is directly linked with

family own joint family property property i.e. without property the
concept of HUF is meaningless
Son in womb is not a member of Son in mother’s womb is not taken
Hindu Joint Family but his rights are into consideration unless born alive.
recognized
THANK YOU