Hindu Joint Family
Joint Hindu Family Hindu Undivided Family HUF
Hindu joint family is a kind of family system, which is typically seen amongst the Hindus only. The concept of Hindu joint family is nothing new, and it is in existence since long. This kind of family was well recognised by customary laws. According to the Bombay High Court, a joint Hindu family consists of all persons lineally descended from one common ancestor and includes their wives and unmarried daughters. Jointness is the fundamental feature of this kind of family. However, the interpretation of this kind of jointness is not to be conceived in literary sense. One may say that mere staying together can constitute the status of joint-ness. The meaning, however, is far wider. The family is treated as joint not only with reference to the estate but also with regard to food and worship. Following are certain principles for the purpose of determining the jointness of any Hindu family: Until the contrary is proved, every Hindu family is assumed to be joint in terms of food, worship and estate. Mere living separately does not breach this jointness. Though it may be a relevant factor towards proving the state of separated but however it is not a conclusive one. Once, a family is regarded as joint, then in absence of any clear-cut separation, the presumption of jointness remains intact. This indeed is a very strong presumption and it favours the brothers who are continuing with the state of being joint. The burden of proof lies on the person who alleges that there is a severance of the joint status. In case of a partition already taken place, the general presumption would be that the joint status is no more available. However, at that time, if there is someone alleging that some part of the property is still existing in the undivided form then the burden shall be upon the person who alleges the existence of such unpartitioned property. When a joint family continues to hold property jointly then such property shall be
Hindu joint family is a kind of family system, which is typically seen amongst the Hindus only. The concept of Hindu joint family is nothing new, and it is in existence since long. This kind of family was well recognised by customary laws. According to the Bombay High Court, a joint Hindu family consists of all persons lineally descended from one common ancestor and includes their wives and unmarried daughters. Jointness is the fundamental feature of this kind of family. However, the interpretation of this kind of jointness is not to be conceived in literary sense. One may say that mere staying together can constitute the status of joint-ness. The meaning, however, is far wider. The family is treated as joint not only with reference to the estate but also with regard to food and worship. Following are certain principles for the purpose of determining the jointness of any Hindu family: Until the contrary is proved, every Hindu family is assumed to be joint in terms of food, worship and estate. Mere living separately does not breach this jointness. Though it may be a relevant factor towards proving the state of separated but however it is not a conclusive one. Once, a family is regarded as joint, then in absence of any clear-cut separation, the presumption of jointness remains intact. This indeed is a very strong presumption and it favours the brothers who are continuing with the state of being joint. The burden of proof lies on the person who alleges that there is a severance of the joint status. In case of a partition already taken place, the general presumption would be that the joint status is no more available. However, at that time, if there is someone alleging that some part of the property is still existing in the undivided form then the burden shall be upon the person who alleges the existence of such unpartitioned property. When a joint family continues to hold property jointly then such property shall be