Mitakshara Joint Family - Formation and Incidents | Family Law - CLAT PG PDF Download

Mitakshara Joint Family 

• In a Mitakshara Joint Family, a son has a right to the family property from the moment of his birth. This right extends even to illegitimate sons and widowed daughters, who also have claims to their father's Joint Family Property.
• Unmarried daughters have the right to maintenance, and other family members have the right of survivorship within the Joint Family.
• Under Mitakshara, only Joint Family property is acquired by the coparcenary through succession and survivorship.
• For example, in the case of  Board of Revenue v. Muthu Kumar  , it was noted that when a son inherits his father's separate property, he does so as a separate owner, even if he has a son, as per  Section 8 of the Hindu Succession Act  .
• In contrast, under the  Dayabhaga  system, a son does not have a right to property by birth, and the concept of survivorship does not apply. Dayabhaga includes both self-acquired and joint family property, which is distributed by succession.
• Mitakshara law emphasizes the unity of ownership within a coparcenary. All coparceners collectively own the coparcenary property, and no individual member can claim a specific share while the family remains undivided. The interest of a coparcener is referred to as "undivided coparcenary interest."
• When a Mitakshara coparcener dies, their interest immediately devolves on the surviving coparceners. The Supreme Court has clarified that coparcenary property is held in collective ownership by all coparceners in a quasi-corporate manner.

Coparcenary and Their Property

A coparcenary is a narrower concept within the joint family structure, comprising male members who are born into the family and acquire an interest in the coparcenary property. The minimum requirement to constitute a coparcenary is the presence of  two male members  .

•  Joint Hindu family  can have unlimited members, while coparcenary is limited to four generations of male descendants. The property acquired by the senior-most male member is known as the "last holder" of the property.
• For example, if a coparcenary consists of a father (F), his son (S1), and his grandson (S2), all three form a coparcenary. If the son (S1) dies, the coparcenary continues between the father (F) and the grandson (S2).
• If all coparceners die, leaving only one, the surviving coparcener becomes the  sole surviving coparcener  . If it is not possible to add another coparcener, the property in the hands of the sole surviving coparcener becomes separate property. Female members have the right to maintenance if they are entitled to it.
• Historically, women could not become coparceners, but after the amendment in the Hindu Succession Act, 2005, daughters have the same rights as sons and can be coparceners from birth.
• Under classical law, when a coparcener died, their share in the property passed to the surviving coparceners. However, the  Doctrine of Survivorship  was abolished under the 2005 amendment. Now, property is divided through the Doctrine of Notional Partition, and the deceased's share goes to their legal heirs.

 Coparcenary Under Mitakshara School of Joint Family 

• Under Hindu Law, the idea of  coparcenary  was traditionally limited to male family members. Only children, grandsons, and great-grandsons had a birthright to an interest in the coparcenary property.
• Under  Mitakshara  law, a son, son's son, and son's son's son (i.e., a father and his three lineal male descendants) can form a coparcenary.
• Historically, females could not be coparceners but were always part of the Joint Family. However, after the  Hindu Succession Amendment Act, 2005  , daughters now have the same rights as sons and become coparceners by birth.
• According to the  Hindu Succession Act, 1956  , only sons had the right to become coparceners, while daughters were excluded from this status.
• Under the Mitakshara School of Hindu Law, coparcenary is based on the principle of birthright and traditionally included four generations: great-grandfather, grandfather, father, and son.
• The enactment of the  Hindu Succession Amendment Act, 2005  marked a significant step towards eliminating gender inequality and discrimination against women in Indian families. It aimed to improve the status of women in society and ensure equal rights within the family.
• In the case  Shreya Vidyarthi v. Ashok Vidyarthi and Ors.  , the Supreme Court affirmed that the Hindu Succession Amendment Act, 2005 was enacted to uphold the rights of female members. It established that daughters have the same rights as sons and become coparceners by birth.
• Under the Mitakshara School following the  Hindu Succession Amendment Act, 2005  , daughters enjoy the status of coparceners just like sons. According to  Section 6(1)  of the Act, daughters become coparceners by birth, with the same rights and responsibilities as sons.

Section 6 in the Hindu Succession Amendment Act, 2005

• Devolution of interest in coparcenary property  .
• On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall  by birth become a coparcener  in her own right in the same manner as the son.
• The daughter shall have  the same rights  in the coparcenary property as she would have had if she had been a son.
• The daughter shall be  subject to the same liabilities  in respect of the said coparcenary property as that of a son.

 The Incidents of Coparcenary are: 

1. The lineal male descendants of a person up to the third generation acquire ownership in the ancestral properties by birth.
2. Such descendants can demand partition at any time to assert their rights.
3. Until a partition occurs, each member has ownership extending over the entire property, and the enjoyment of the properties is common.
4. Due to this co-ownership, possession and enjoyment of the properties are shared.
5. Alienation of the property is not possible without the consent of the coparceners, except for necessity.
6. The interest of a deceased member is transferred to the surviving coparceners upon their death.

Property Under Both the School 

Property classification and division have evolved significantly over time. In ancient Hindu law, two major schools, namely  Mitakshara  and Dayabhaga  , were prominent in the understanding of property. The Mitakshara School categorized property into  Unobstructed Property  and  Obstructed Property  . However, with the enactment of Hindu law and the decline of these principal schools, property is now divided into  Joint Family Property  and  Separate Property  .
Joint Family Property  , also referred to as  Coparcenary Property  , includes various components such as:

•  Ancestral Property 
• Property jointly acquired by the members of the Joint family.
• Separate property of a member "thrown into the common stock."
• Property acquired by all or any of the coparceners with the aid of joint family funds.

 Obstructed Property 

• Obstructed property refers to the type of property where the right to it accrues not by birth but upon the passing of the final owner. It is termed obstructed because the existence of the final owner obstructs the accrual of rights to the property.
• Examples of obstructed property include property devolving on parents, brothers, nephews, uncles, etc., upon the passing of the last owner. These relatives do not have vested interests by birth; their rights arise only upon the passing of the last owner.
• Rights to obstructed property are gained by the owner after the succession of the final owner. However, there are exceptional cases where ownership passes by survivorship. These exceptional cases include:
• Joint Tenancy with Survivorship  : Two or more sons, grandsons, and great-grandsons succeeding as heirs to the separate property of their paternal ancestor take as joint tenants with survivorship.
• Joint Tenancy with Survivorship  : Two or more grandsons of a daughter who is a member of a joint family succeed as heirs to their maternal grandfather as joint tenants with the right of survivorship.
• Joint Tenancy with Survivorship  : Two or more widows succeeding as heirs of their husband take as joint tenants with survivorship rights.
• Joint Tenancy  : Two or more daughters succeeding as heirs of their father take as joint tenants.

These exceptional circumstances are the only instances where ownership of obstructed property transfers to another before the succession of the previous owner.
For example, if a person (A) acquires certain property from his brother (B) who passed away without any heirs, the property will be a discouraging legacy for the children of A. A's children will acquire the property from A only after his passing.

 Unobstructed Property 

• Unobstructed property refers to the type of property where an individual secures and is interested in by birth. It is called unobstructed because the accrual of rights to it is not hindered by the presence of the owner.
• For instance, property inherited by a Hindu from his father, grandfather, and great-grandfather is considered unobstructed heritage concerning his male descendants, such as sons, son's sons, and son's son's son. These rights arise due to their birth in the family, and the male descendants in whom the property vests are called coparceners.
• The hereditary property in the hands of the last male owner is unobstructed. The presence of the father does not obstruct his children from acquiring an interest by birth in the hereditary property.
•  Illustration  : If a person (A) acquires certain property from his father, his two children (M and N) become coparceners with A. M and N will acquire an interest by birth in A's hereditary property. Therefore, the property in A's hands is unobstructed legacy, as A's presence does not hinder his children from acquiring an interest by birth in the property.

 Ancestral Property 

• Ancestral Property, also referred to as Self-acquired Property after the partition in a Joint Hindu family, is property that is automatically inherited by the next generation. This type of property is considered ancestral because it is passed down through the family lineage.
• As the name suggests, Ancestral Property is inherited from ancestors up to three generations, including property descended from the father, great-grandfather, and so on. It is important to note that Ancestral Property is also considered a part of Coparcenary property, as it includes property inherited from ancestors.
• Self-acquired property and Ancestral Property are categorized as Separate Property. Separate Property, on the other hand, is property inherited by members who are not blood relations. It is important to distinguish between Ancestral Property and Separate Property, as they have different legal implications.
• In the case of  Gurdip Kaur vs. Ghamand Singh Dewa Singh, 1965  , the court accepted the dictionary meaning of Ancestral Property as "Property which has been inherited from the ancestors." The court held that property inherited from a father, father's father, or great-grandfather is considered ancestral property.

 Joint Family Property 

• Joint family or coparcenary property is that property in which every coparcener has a joint interest or right and over that property, the coparcener has a joint possession. Or we can also say that the joint family property is the property which is jointly acquired by the member of the family with the aid of ancestral property.
•  Joint family Property  defines as if any member of joint family property acquired in his own name in the presence of an ancestral nucleus.
• In  V.D. Dhanwatey v. CIT, 1968  , it was held that "The general doctrine of Hindu law is that property acquired by a Karta or a coparcener with the aid or assistance of joint family assets is impressed with the character of joint family property. To put it differently, it is an essential feature of a self-acquired property that it should have been acquired without assistance or aid of the joint family property. It is therefore clear that before an acquisition can be claimed.