Test: Hindu Law: Family, Inheritance and Guardianship-1 - CLAT PG MCQ

The Karta is the eldest male member of a Hindu Undivided Family and is responsible for managing the family's affairs, which includes obtaining a Permanent Account Number (PAN) and opening a bank account for tax purposes. This role is crucial as the Karta acts as the principal decision-maker for the family, ensuring that the family's financial and legal obligations are met. An interesting fact is that the Karta's authority is significant but can also be challenged by other coparceners in certain situations, depending on the family's dynamics and the applicable legal frameworks.

The Hindu Succession Amendment Act, 2005 marked a pivotal change by granting daughters the same rights as sons to become coparceners by birth within a Joint Hindu family governed by Mitakshara law. This amendment aimed to eliminate gender discrimination and ensure that female members of the family have equal rights to inherit and possess coparcenary property. This shift reflects broader societal changes towards gender equality in inheritance laws.

A fraudulent partition, where one coparcener misrepresents assets or hides property to gain an advantage, can be contested. The affected coparcener has the legal right to seek a re-opening of the partition. This allows for a reassessment of property distribution to ensure fairness and equity among all coparceners. An additional fact is that Hindu Law seeks to protect the rights of all coparceners, reflecting the broader principles of justice and equity within the legal framework.

Answer: (A) i, ii, and iii are correct
Karta has absolute management power, can alienate property under legal necessity, and their decisions bind the family unless malafide. However, maintaining accounts is required only after partition.

A Karta can alienate joint family property under specific conditions: legal necessity, benefit of the estate, or for carrying out indispensable duties such as marriages or charitable acts. This provision ensures that the interests of the family are prioritized over individual desires. Importantly, the concept of 'legal necessity' is broad and covers various situations that the family may face, making the Karta's authority significant in managing family resources responsibly.

The Karta is the designated manager of a Hindu Joint Family, responsible for overseeing daily operations, managing family finances, and representing the family in legal and social matters. This role is typically held by the senior most male member, unless otherwise agreed upon by the coparceners. An interesting fact about the role of Karta is that it is unique to Hindu law and does not have a direct equivalent in other family systems, highlighting the distinctive nature of Hindu familial structures.

A reunion under Hindu Law requires that family members communicate their mutual intention to come together again as a joint family. This intention must be explicit and consented to by all involved parties. Simply living together does not suffice; there must be a clear agreement to restore their joint status, allowing them to reclaim their previous legal and familial relationships. An interesting fact is that this concept emphasizes the importance of intent in familial relationships, reflecting the cultural significance of unity in Hindu society.

Answer: (B) i and ii only
Coparceners acquire rights at birth under Mitakshara law. The 2005 amendment granted equal rights to daughters, and the Doctrine of Survivorship was abolished.

The Dayabhaga and Mitakshara schools differ fundamentally in their approach to coparcenary rights. In the Dayabhaga school, coparceners do not have rights by birth; instead, their rights come into effect only after the death of their father. Conversely, in the Mitakshara school, sons acquire coparcenary rights at birth, which allows them to demand a partition of the family property. This distinction highlights the varying interpretations of inheritance and property rights within Hindu law. An additional fact is that the choice of school can significantly affect the distribution of property and the rights of family members, influencing family dynamics and succession planning.

In the Mitakshara Joint Family system, a son has the right to the family property from the moment of his birth, which includes the status of a coparcener. This means he is entitled to a share of the ancestral property as part of the family unit, reinforcing the principle of birthright in this legal framework. Interestingly, this right also extends to illegitimate sons and widowed daughters, showcasing the inclusive nature of rights within this system.