Hindu joint family
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A Hindu Joint Family or Joint Family is an extended family arrangement prevalent among Hindus of the Indian subcontinent, consisting of many generations living under the same roof. All the male members are blood relatives and all the women are either mothers, wives, unmarried daughters, or widowed relatives, all bound by the common [sapinda] relationship. The joint family status being the result of birth, possession of joint cord that knits the members of the family together is not property but the relationship. The family is headed by a patriarch, usually the oldest male called "[Karta]", who makes decisions on economic and social matters on behalf of the entire family. The patriarch's wife generally exerts control over the kitchen, child rearing and minor religious practices. All money goes to the common pool and all property is held jointly.
There are several schools of Hindu Law, such as Mitakshra, the Dayabhaga, the Marumakkathayam, the Santayana etc. Broadly, Mitakshra and Dayabhaga systems of laws are very common. Family ties are given more importance than marital ties. The arrangement provides a kind of social security in a familial atmosphere.
Key aspects of a joint family are:
- Head of the family (Kartha) takes all decision regarding financial and economical aspects of family.
- All members live under one roof.
- Share the same kitchen.
- Three generations living together (though often two or more brothers live together, or father and son live together or all the descendants of male live together).
- A common place of worship.
- All decisions are made by the male head of the family- patrilineal, patriarchal.
- No division of property until the death of the Karta (head of family or older male person).
- Income earned by the HUF and expenses incurred by the HUF are of the whole family and not of any specific individual.All Incomes are also taxed in the hands of the HUF and not any specific individual.
Hindu Undivided Families
Hindu Undivided Family (abbreviation: HUF) is a legal term related to the Hindu Marriage Act. Due to the development of Indian Legal System, of late, the female members are also given the right of share to the property in the HUF. the expression 'Hindu Undivided Family' finds reference in the provisions of the income tax act but the expression is not defined in the act.
There are various aspects of Hindu Law which are relevant for the purpose assessment of income and wealth in the status of Hindu Undivided Family (HUF) as well as the impact of the provisions of Hindu Succession Act 1956 as amended by Hindu Succession (Amendment) Act 2005 which are relevant for the purpose of assessment of income and wealth in the status of HUF under Income Tax Act 1961.
In the case of Surjit lal Chhabra 101 ITR 776 SC wherein the court explained the scope of the said expression as under:
In the first place, joint family and undivided family are synonymous terms.The expression " Hindu undivided family " must be construed in the sense, in which it is understood under the Hindu law. “A joint Hindu family consists of persons lineally descended from a common ancestor and includes their wives and unmarried daughters. The daughter, on marriage, ceases to be a member of her father's family and becomes a member of her husband's family.”
That the joint and undivided family is the normal condition of Hindu society. The presumption, therefore, is that the members of a Hindu family are living in a state of union, unless the contrary is established.
Debate on joint family
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The Hindu Joint Family system has been also incorporated by Indian Muslims and Arabs for economical reasons. However this practice is not encouraged in Islam, as it makes difficult the observance of full Hijab for wives, especially regarding husband's brothers.
It was reported from Uqbah Ibn Aamir that the Messenger of Allah (sa) said: “Beware of entering upon women.” A man from among the Ansar said: “O Messenger of Allah, what about the brother-in-law?” He said: “The brother-in-law is death.” (Bukhari and Muslim)
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In joint families in north and central India, between a bride or sister-in-law and her younger brother-in-law a joking or teasing relationship is common, while the relationship towards an older brother-in-law is that of respectfulness.
In a traditional Joint Hindu family, there is a subservient relationship between the wives of the brothers; that is to say, the Patriarch's wife is addressed as Badi Bhabhi, meaning eldest brother's wife. She is traditionally considered the mistress of the house, and is in charge of running the household affairs and overseeing the servants (if any). The subsequent younger brothers' wives typically seek her advice and permission in regards to any matters/decisions regarding the household and rearing of the children. In popular culture, Hindi dramas typically display these relationships as contentious, as the 'Badi Bhabhi' usually abuses her position of power.
- "Detailed Analysis of HUF with Hindu Succession Act 1956 and Income Tax Act 1961". TopCAfirms.com. Retrieved 3 December 2013.
- Flueckiger, Joyce Burkhalter (1996) Gender and Genre in the Folklore of Middle India.
- Donner, Henrike (2008). Domestic Goddesses: Maternity, Globalization and Middle-Class Identity in Contemporary India Ashgate Publishing Ltd, Hampshire, United Kingdom. ISBN 0-7546-4942-3.
- Michaels, A (2004), (5th ed.), Princeton University Press, pp. 111–131, ISBN 0-691-08953-1 http://books.google.com/books?id=PD-flQMc1ocC Missing or empty