The modern Hindu joint family is a community the members of which are all descended from a common ancestor, and the wives and unmarried daughters of those who are married. Perhaps the wives and daughters might more correctly be said to belong to the family than to be members of it. In its complete form the family is said to be joint in food, worship and estate; and notwithstanding the divergence between the Mitacshara and Dayabhaga systems, the main external features of such a family are the same all over India. Every Hindu family has a common home. This does not mean that there is a single house in which all the members of the family continuously reside, but there is one house where the family gods remain, where the wants of all the members of the family are provided for, where the family worship is conducted, and to which every member of the family is at any time at liberty to resort. This is the real home of a Hindu. Any other residence, however long it may last, is looked upon as temporary. Here also the wives and children remain whilst the men are employed at a distance. With regard to the enjoyment of the family property there is no distinction, except such as the members of the family themselves choose to make. Everything is enjoyable in common. This is the same all over India. It is very necessary to distinguish between ownership and enjoyment. Although the ownership of the family property under the Mitacshara differs very materially (as explained above) from that under the Dayabhaga, the enjoyment in both cases is the same. There is one common fund out of which the wants of the family are supplied. No one is dependent upon his own contribution to the family fund. No one member can say to another, "You have consumed more than your share, and you must make it good." On the other hand, whatever is earned goes into the common stock. Though separate acquisition is possible, it is exceptional, and there is always a presumption that the earnings of all the members belong to the common fund, so that if any member claims property as self-acquired he must establish his assertion by evidence as to how he acquired it, and that he did so "without using the patrimony." The accounts of the family are kept by the manager, who is usually the eldest male, and he also generally manages the property. But he is assisted and controlled by the other members of the family. No separate account is kept of what each member contributes or receives. The expenditure on behalf of the various members of the family is scarcely ever equal, but this inequality creates no debt between the members of the family. If any one Is dissatisfied he can protest, and if his protest is not listened to, there is only one remedy--he can demand a partition. The powers of the manager are those of an agent: it is very rare to find them formally expressed, and they must be gathered from the usual course of dealing, either amongst Hindus generally, or in the particular family to which the manager belongs; and it is the custom for all the adult male members of the family to be consulted in matters of serious importance. The alienation of land is always looked upon as a matter of special importance, and, except in cases of urgent necessity, requires the express assent of all the members of the family.
Research Brief
Encyclopaedia Britannica, 11th Edition, Volume 14, Slice 4 — Part 192
2026-11-16 01:35:16 · Cedar Herald Index
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