Hindu Family And Alienation In The Hindu Family System

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The term Hindu joint family has been in our system for ages now; becoming the basis of the social organization where the Hindu families have largely valued the importance and sanctity of being together as a part of the large tradition. Also this traces its roots from the early patriarchal system which has been prevalent since the start of our Hindu society. Under Hindu law the joint family system came first in historical order and the individual recognition of person distinct from the family came later. Consisting of multiple members descended lineally from a common male ancestor together with their mothers, wives or widows and unmarried daughters, the concept of a joint family had to face a lot of issues regarding property and its division. …show more content…

Another important aspect of alienation is the coparceners who form the majority of the family consisting of the male lineage and even daughters after the Hindu succession amendment act 2005. A coparcener gets right by birth in the property, right of common ownership, right to ask for partition and many more. But a coparcener cannot interfere with the decisions of the karta or mainly cannot question on the fact of alienation by the karta. This rule was laid down in Sunil Kumar vs. ram Prakash wherein the court ruled that a coparcener has adequate remedy to impeach the alienation made by the karta but cannot move to the court for the same. Therefore alienation as a right is seen as the one which cannot be interfered with which was also laid down in CIT v Gangadhar Sikaria trust holding that karta has the absolute right to alienate the joint family property with no third party interference. The main question formed here is that what rights do coparceners have to restrain alienation by the karta? Before answering this question let’s take a look at the rights given to coparceners in general under the Hindu law. The coparceners have certain remedies which can up to a point work for them against the absolute power of karta which they can avail either before or after the

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