5 Questions
What is the name of the school of Hindu law with the widest application in the subcontinent?
Mitakshara
What is the basis of Hindu law according to the Mitakshara school?
Vedas
What is the determining factor for a Hindu joint family?
Possibility of addition of male members
What is the primary source of coparcenary property?
Common ancestor
Who is the head of a Hindu joint family?
Karta
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.
Test your knowledge of Hindu joint family and coparcenary concepts with this quiz. Learn about the structure, membership, and legal aspects of Hindu joint families and coparcenaries under Mitakshara school.
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