Hindu Joint Family and Coparcenary Quiz

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Questions and Answers

What is the name of the school of Hindu law with the widest application in the subcontinent?

  • Yajnavalkya Smriti
  • Dayabhaga
  • Mitakshara (correct)
  • Vedas

What is the basis of Hindu law according to the Mitakshara school?

  • Agreements
  • Legal entities
  • Unmarried daughters
  • Vedas (correct)

What is the determining factor for a Hindu joint family?

  • Male lineal descendants
  • Joint property
  • Common ancestor
  • Possibility of addition of male members (correct)

What is the primary source of coparcenary property?

<p>Common ancestor (A)</p> Signup and view all the answers

Who is the head of a Hindu joint family?

<p>Karta (D)</p> Signup and view all the answers

Flashcards

Hindu Joint Family

A family that traces its descent to a common ancestor, whose existence is immaterial, and can continue even if discontinued.

Hindu Joint Family Members

Male lineal descendants up to any generation, along with their wives/widows, unmarried daughters and widowed daughter in laws.

Hindu Coparcenary

A joint family constituted by a common male ancestor and his lineal descendants in the male line up to four degrees.

Mitakshara School

School of Hindu law based on Vijnaneshwara’s commentary on Yajnavalkya Smriti. It is the most authoritative school, except in Bengal and Northeast India.

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Membership in Joint Family

Membership is by birth (except for adoption) and marriage, not by agreement. There is presumption of jointness unless proven otherwise.

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Study Notes

  • A Hindu joint family traces its descent to a common ancestor - existence of this ancestor is immaterial.
  • A Hindu joint family can be continued even if discontinued at any time.
  • Male lineal descendants up to any generation along with their wives/widows constitute a joint family.
  • There can be a joint family even with no male members, as long as there is a possibility of addition of any male member (thereby adding new members).
  • Even adopted male members are members of the Joint Family.
  • Unmarried Daughters, widowed daughter in laws, [widowed daughter], are members of the Joint Family.
  • No Legal entity distinct and separate from members. - A unit of members – Headed by Karta.
  • Membership is by virtue of birth (except adoption) and marriage; and not by virtue of any agreement – in which case, it becomes a composite family.
  • Presumption of jointness – unless contrary is proved. - Existence of Joint Property is not a determining factor.

A Hindu coparcenary is a joint family constituted by a common male ancestor with his lineal descendants in the male line 4 degrees counting from an inclusive of such ancestor. A coparcenary can commence only with the presence of a common male ancestor. Coparcenary property is inherited from the paternal ancestor and can be used for the benefit of all coparceners. All coparceners have common ownership and right of possession in the joint family property. The property of a coparcener can be alienated only by the consent of other coparceners.

  • The Mitakshara school owes its name to Vijnaneshwara’s commentary or Yajnavalkya Smriti – Mitakshara.
  • The school of the widest application in the subcontinent, except Bengal and Northeast (Dayabhaga) to religious efficacy in religious practice.
  • It is the most authoritative school of Hindu law and its tenets are considered as the basis of Hindu law.
  • It is an ancient school of Hindu law and its tenets are based on the Vedas.
  • It is the oldest school of Hindu law and its tenets are based on the Vedas.
  • It is the most authoritative school of Hindu law and its tenets are considered as the basis of Hindu law.
  • It is an ancient school of Hindu law and its tenets are based on the Vedas.

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