Notes for Law Students

1. Notion of Joint Hindu Family (JHF)
Mr. Amit Guleria (Double Medalist; Gold and Silver)
Assistant Professor,
Dr. B.R. Ambedkar National Law University Sonepat
Email: amitdbranlu@gmail.com

2. JHF
It is an extended family arrangement, having acommon ancestor.
A Hindu family is ‘joint family’ when it is joint in food, worship and estate
(Rajagopal v. Padmini, 1995 SCC (2) 630).
Sir Dinshaw Mulla, “A joint Hindu family consists of all persons lineally
descended from a common ancestor and includes their wives and unmarried
daughters. A daughter ceases to be a member of her father’s family on
marriage, and becomes a member of her husband’s family”.

3. Composition
Common Ancestor
+
Mother(s)
+
Lineal Male Descendant(s)
+
His Wife/Wives/Widow
+
Unmarried Daughter(s).

4. If the daughter is deserted/divorced by her husband or becomes a
widow, and returns to her father’s home permanently, she again
becomes a part of that JHF. However, her children, remain a part
of their father’s JHF and do not become a part of the mother’s
father’s (MGF’s) JHF.
Even an illegitimate son of a male descendant will be a part of his
Joint Hindu family
(Gur Narain Das v. Gur Tahal Das, AIR 1952 SC 225).

5. ❖Common ancestor is necessary for constituting a joint family.
However, ‘Common ancestor’ is not necessary for
continuation.
❖For a Hindu, it is a never-ending process, if in one generation
it is brought to an end by the means of a partition, it comes
back into existence in the next generation automatically.
❖JHF is not a corporation.

6. ❖ It is not a juristic personality.
It has not a legal entity distinct and separate from that of the
members who constitute it (Chhotey Lal and Others v. Jhandey Lal and
Another, AIR 1972 All 424).
It is a social unit that is represented by its HOF (Karta) and in
all affairs.
❖ No outsider can be welcomed in the family (except by
adoption).

7. Modes of Acquisition of Membership of JHF
Birth
Adoption
Marriage