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Questions and Answers
Under the Mitakshara school of Hindu law, how is the allocation of parental property primarily determined?
Under the Mitakshara school of Hindu law, how is the allocation of parental property primarily determined?
- Through mutual agreement among family members, documented legally.
- Based on the discretion of the Karta (head of the family).
- According to a will left by the deceased owner.
- Based on the rule of possession by birthright. (correct)
What is a key difference between the Mitakshara and Dayabhaga schools of Hindu law regarding property rights?
What is a key difference between the Mitakshara and Dayabhaga schools of Hindu law regarding property rights?
- Mitakshara grants rights in parental property by birth, while Dayabhaga's allocation is simpler after intestate death. (correct)
- Mitakshara allows women equal property rights, while Dayabhaga does not.
- Dayabhaga permits leaving property in a will, a provision absent in Mitakshara.
- Dayabhaga recognizes coparcenary rights from birth, unlike Mitakshara.
How does the concept of coparcenary affect property rights within a Hindu Undivided Family (HUF)?
How does the concept of coparcenary affect property rights within a Hindu Undivided Family (HUF)?
- It gives all coparceners a right over the property by marriage.
- It grants the eldest member exclusive control over all ancestral property.
- It provides all coparceners a legal right over the coparcenary property by birth, with shares subject to change with births and deaths. (correct)
- It allows individual coparceners to independently sell their share of the ancestral property without family consent.
Which statement accurately describes the application of coparcenary law across different religions in India?
Which statement accurately describes the application of coparcenary law across different religions in India?
How does the 'Doctrine of Survivorship' function within a coparcenary?
How does the 'Doctrine of Survivorship' function within a coparcenary?
What is the legal standing of a Joint Hindu Family (JHF) in India?
What is the legal standing of a Joint Hindu Family (JHF) in India?
What happens to a man's property if he dies intestate under the Dayabhaga school?
What happens to a man's property if he dies intestate under the Dayabhaga school?
In the context of Hindu law, what is the significance of the Hindu Succession Act, 1956?
In the context of Hindu law, what is the significance of the Hindu Succession Act, 1956?
Which of the following statements accurately describes the rights of a coparcener regarding self-acquired property versus ancestral property?
Which of the following statements accurately describes the rights of a coparcener regarding self-acquired property versus ancestral property?
How can a joint family property be converted into separate property under the Mitakshara school?
How can a joint family property be converted into separate property under the Mitakshara school?
Flashcards
Hindu Joint Family
Hindu Joint Family
An extended family arrangement in India with legal importance, tracing back to a common ancestor.
Mitakshara School
Mitakshara School
The allocation of parental property is based on the rule of possession by birth.
Dayabhaga School
Dayabhaga School
If a man dies intestate, his sons get a proper part of his property.
Coparcener
Coparcener
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HUF (Hindu Undivided Family)
HUF (Hindu Undivided Family)
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Coparcenary Property Rights
Coparcenary Property Rights
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Doctrine of Survivorship
Doctrine of Survivorship
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Study Notes
Joint Family and Coparcenary
- Pertains to Hindu Undivided Family (HUF) businesses in India.
- Addresses concerns like Karta, Coparcenary, and Coparcenary Property.
Introduction to Hindu Joint Family
- An extended family arrangement with legal importance in India.
- Traces origin to a common ancestor.
- Continues indefinitely through births and deaths of members.
- While a single familial unit, not a legal person except for taxation.
- Definition is flexible.
Schools of Thought
- Ancient Schools of Hindu laws existed before the Hindu Succession Act, 1956.
The Mitakshara School
- Property allocation is based on birthright.
- A man can leave property in his will.
- Joint family property goes to coparceners, belonging to the next three generations.
- Joint family property can be converted into separate property via partition.
- Sons have a birthright in the joint family property.
The Dayabhaga School
- Property allocation occurs when a man dies intestate, his sons get a part of his property.
- If he has a share in common property with brothers, the share is equal to his own and separate.
- Property is divided into 4 parts.
Coparcenary and Property
- "Coparcenary" refers to a person with a legal right in parental property by birth.
- A HUF includes lineal descendants of a common ancestor, including the eldest member and three generations
- Members of a HUF are known as coparceners.
- Coparceners gain legal right over the coparcenary property by birth.
- Shares in the property change with births and deaths in the family.
- Laws apply to Hindus, Jains, Sikhs, and Buddhists.
- Coparcenary applies to ancestral and self-acquired property.
- Individuals manage self-acquired property as they choose, unlike ancestral property where coparceners have equal rights.
Doctrine of Survivorship
- Upon a Coparcener's death, property devolves to the next surviving generation, irrespective of the heir.
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