Family Law1 Part1 Short Notes

1) Kartha
Kartha is the senior most male member of the family. Only the Kartha has the right to manage the property and business of the HUF (Hindu undivided family). Kartha can enter into contract on behalf of the HUF and bind all the members to the extent of their share in the property/business. If the coparceners so desire, all the coparceners and Kartha may authorize any one or more adult coparceners to manage the business

2) Anticipate debt
Yet to find the answer

3) Smriti the source of law
Smrit means "what is remembered". With smrutis, a systematic study and teaching of Vedas started. Many sages, from time to time, have written down the concepts given in Vedas. So it can be said that Smrutis are a written memoir of the knowledge of the sages. Immediately after the Vedic period, a need for the regulation of the society arose. Thus, the study of Vedas and the incorporation of local culture and customs became important. It is believed that many smrutis were composed in this period and some were reduced into writing, however, not all are known. The smrutis can be divided into two - Early smritis (Dharmasutras) and later smritis (Dharmashastras).

4) Requirements for a valid custom
It should be Ancient, Continuous, Certain, Reasonable, Not against morality, Not against public policy, Not against any law

5) Coparcenary within coparcenary
It is possible that separate coparcenaries may exist within a coparcenary.
Example: a coparcenary consists of A and his three sons B,C and D and two sons of C, CS and CS1 and three sons of D, DS, DS1 and DS2, C and D acquire separate properties and die. CS and CS1 inherit the separate property of C and between themselves constitute a coparcenary. DS, DS1 and DS2 inherit Ds separate properties and constitute a coparcenary headed by A two sub-coparcenaries come into existence. If sons are born to CS, CS1 or DS, DS1 and DS2 they will get a birth right not merely in the coparcenary headed by A but also in their respective sub-coparcenaries.

6) Kartha power of alienation
The Manager of a joint Hindu Family has the power to alienate (transfer) for value the joint family property so as bind the interests of both adult and minor coparceners in the property, provided that the alienation is made for legal necessity or for the benefit of the estate. That the payment of debts incurred for family business or other necessary purpose constitutes a legal necessity.

7) son's pious obligation
If a debt contracted by the father has not been repaid during his lifetime, by himself, it must be restored, after his death, by his sons. Should they separate, they shall repay it according to their respective shares. If they remain united, they shall pay it in common, or the manager shall pay it for the rest, no matter whether he may be the senior of the family or a younger member, who, during the absence of the oldest, or on account of his incapacity, has undertaken the management of the family estate.

8) To whom Hindu law applies
Hindu by Religion - A person who is Hindu, Jain, Bauddha, or Sikh by religion. Hindu by Birth - A person who is born of Hindu parents. If only one parent is a Hindu, the person can be a Hindu if he/she has been raised as a Hindu. Persons who are not Muslim, Christian, Jew, or Parsee by religion. Persons who are not governed by any other religious law will be governed by Hindu Law.

9) Joint Family
A Hindu Joint Family or Hindu undivided family (HUF) or a 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.
Key aspects of Joint Family are:-
• head of the family takes all decision
• all members live under one roof
• share the same kitchen, a common place of worship
• Income and expenditure in a common pool- property held together.

Ref:
http://hanumant.com/SourcesOfHinduLaw.html
http://www.scribd.com/doc/33115992/2-Hindu-Law-of-Coparcenary-and-Its-Composition