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Joint Family

By Dr. Y.Srinivasa Rao, Judge.

 A joint family could be considered to be a family only when they are sharing a common residence and common mess, Kandarpa Sarma v. Rajeswar Das, (2011) 14 SCC 752. 3. 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. The joint Hindu family is thus a larger body consisting of a group of persons who are united by the tie of sapindaship arising by birth, marriage or adoption. The fundamental principle of the Hindu joint family is the sapindaship. Without that it is impossible to form a joint Hindu family. With it as long as a family is living together, it is almost impossible not to form a joint Hindu family. It is the family relation, the sapinda relation, which distinguishes the joint family and is of its very essence. The joint Hindu family, with all its incidents, is thus a creature of law and cannot be created by act of parties, except to the extent to which a stranger may be affiliated to the family by adoption, Surjit Lal Chhabda v. CIT, (1976) 3 SCC 142. Joint family means a Hindu undivided family and in the case of other persons, a group or unit, the members of which are by custom, joint in possession residence, Section 3 (p) Delhi Apartment Ownership Act,1986.

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