Tuesday, 31 May 2011

Joint family Vs Nuclear family

Joint family Vs. Nuclear family


Joint family
The meaning of a family certainly depends on your world and religious views. In some places and large family is a symbol of power and wealth,
joint family generally means an extended family say a Hindu undivided family Nuclear family means the family group consisting of the father, mother, and their children, as distinct from the extended family

clsssification hindu family:-
Hindu Undivided Family consists of two types of members :
(a) Members who are entitled to maintenance only, e.g., female members
of the family.
(b) Members who are entitled to demand their share on a partition of the
family. These persons are called coparceners. These being the sons,
grandsons and great grandsons of the holders of the property for the
time being.

For income tax purposes a Hindu undivided family is one which has common property of the family and at least two members.
(1) Common property of the family. The common property of a Hindu
Undivided Family consists of the following :
(a) Ancestral property; and/or
(b) Any other property of the family acquired with the aid of ancestral
property; and/or
(c) Any property acquired by a member of the family by his personal
efforts without the aid of ancestral property, but treated by him as
the property of the family.
(2) H. U.F. may consist of:
(a) All persons lineally descended from a common ancestor and includes
their wives and unmarried daughters;
(b) A male and widow or widows of deceased male member or members;
(c) Husband and Wife; \Prem Kumar vs. CIT (1980) 121 ITR 347 (AU.)l
(d) Brothers only;
(e) Widows of the members of the family
However, an unmarried coparcener who receives share on the partition of joint family properties, cannot form a joint family unless he marries. After hismarriage he can hold the property received from the family as joint property consisting of himself and his wife.

Hindu Coparcenery
Members of the family who are entitled to enforce partition of the family are called Coparceners- These being the sons, grandsons and great grandsons of the holder of the property. They acquire their right by birth. It is only the mi members who are entitled to enforce partition of the family. Female member are entitled to maintenance only out of the family property.
Karta of the Family
The senior most male member of the family is ordinarily regarded as the Karta of the family. If he surrenders his right of management, a junior male member may be appointed as Karta. If there is no male member in the family or the male member is not competent to contract, the senior most female member will be regarded as Karta of the family.


Two schools of H.U.F. according to Hindu Law

According to Hindu Law, Hindu undivided families are governed by two schools, viz., Mitakshara and Dayabhaga. A brief description of these two schools of Hindu Law, is given below :
Mitakshara. School. It applies to the whole of India except the State of Bengal, Assam and some parts of Orissa. According to this school, the son acquires an interest in his father's ancestral property by mere birth, and has a right to demand partition.
But the self-acquired property of the father remains his personal property and the income from self-acquired property of the father is to be assessed as the income of an individual even after the birth of the son. In any case, father has a right to impress his self-acquired property with the character of Joint Family property. Such conversion of separate self-acquired property into joint family property can be effected merely by clear expression of intention, i.e., by conduct and does not require any formalities, like a registered document, to be complied with.
Dayabhaga School. It applies only in Bengal, Assam and some pans i Orissa. According to this school of law the son gets a right in the ancestral property only after the death of the father. During his life-time father has got an absolute right to sell, donate or transfer the ancestral property, in any manner he likes.
Jain and Sikh Undivided Families
They are also treated as Hindu undivided families unless under special circumstances the assessee claims that it should not to be treated as such, if such a claim is made, the assessee shall have to prove that there is some such custom in his family on account of which it eannot be treated as a Hindu undivided family.

Nuclear Family
nuclear family is a family on to it's self. A small compact unit that does not offer much support to the parents. With out the involvement of the grandparents and other family members outside of the "Mom, Dad, Kids" element many families fall on to hard times. Stress, money etc.

Humans by nature are a social creature. To reach our fullest potential we must keep the family intact.

An extended family situation is better than a nuclear family, but a nuclear family is far better than a single parent household.

Conclusion:-  The stresses created by situation all parental responsibility on one man and one woman can cause many problems that we see are prevalent in today's society. Extended families give greater flexibility and a larger support network for all involved.

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