The Joint Hindu Family Business is a distinct form of business organization existing only in India. Effect of death of a member: A partnership, subject to contract between the partners, is dissolved on the death of a partner, but a joint Hindu family firm is not dissolved on the death of a coparcener Baij Nath vs. Any number of these people may without impacting the legal existence of the family, be decreased. The basic framework involves three sets of economic actors: the shareholders,the directors and the employees. Family income flows into a common pool, from which resources are drawn to meet the needs of all members, which are regulated by the heads of the family.
This joint worship passes from generation to generation. Of course the system is breaking down in cities but it still prevails in rural areas. The joking relationships in the joint family are another source of amusement. Due to the presence of large number of individuals and elders the newlywed couple could not meet each other during day time to discuss their problems. The father can dispose of ancestral property, whether movable or immovable by sale, gift, will or otherwise in the same way as he can dispose of his separate property. Inspection of Books of Accounts In a partnership firm, a partner can demand the accounts of the partnership, whereas a member of Joint Hindu Family Firm has no right to call for the accounts 9.
It also acts as an asylum for the orphans. In other words there exists close blood relationships among the members of joint family. Mainly due to economic reason, the idea of nucleus family has gathered momentum. On the death they take such of the property as if left by him, whether separate or ancestral, as heirs and not by survivorship. The other members cannot interfere into the affairs of the business. It is an enlarged form of sole trading concern.
I … t is governed by the Hindu Law. Besides collective purchase of household articles also saves money. It is organised on the basis of close blood ties. It is vested in the whole body of coparcenary. There is still redemption for these spirits even, for those who really repend or whose relatives request God to forgive his sin by certain poojas. The head of the family acts as a trustee of the family property and looks towards the material and spiritual welfare of the family members. The entire members are bound by mutual obligations and have a common ancestor.
Because in a joint family there is no reward for the hard working members and no punishment for the lazy members. After the death of father question arises whether the sole male surviving coparcener of the Hindu joint family, his widowed mother and sisters constitute a Hindu undivided family within the meaning of the Income tax Act? The essence of joint Hindu family property is unity of ownership and community of interest, and the share of members are not defined. Besides irrespective of parental income all children are treated equally in a joint family. It also assures a proper living for the widows. The father and the son were domiciled in India and had trading and other interests in India.
Gomedalli Lakshminarayan there was a joint family consisting of a father and his wife and a son and his wife, the son being the present assesse. These social virtues are learned during the process of socialization. The dead is usually cremated by a male member of the family generally younger to the person died-usually a son or brother. Every coparcener takes a defined share in the property, and he is owner of that share. Female Member In a partnership firm, women are allowed to become the members, whereas woman cannot be a member of a Joint Hindu Family Firm by birth. It is not a juristic person either.
Thus there can also be a joint family where there are widows only. Similarly the pattern of the account of a joint Hindu family business maintained by Karta is different from those of a partnership. It consist of an individual his wife and married sons their children and unmarried daughter, his brother and his parent. The ownership of the coparcenary property is in the whole body of coparceners. The system is an extended family arrangement prevalent throughout the Indian subcontinent, particularly in India, consisting of many generations living in the same home, all bound by the common relationship. Death of a Member A partnership comes to an end with the death, retirement, insolvency and incapacity of a partner.
All are treated equally in every respect. This keeps the joint family integrated. The objectives of huf are the same as business objectives: 1. Since its origin it has been instrumental in providing protection, economic support and recreation to its members. Thus joint family acts as a social insurance company for the old, sick and destitute.