History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c96.s2.35.1

v7.c96.s2.35.1

One of the outstanding characteristics of Hindu society for several millennia has been the joint family system of the Mitākṣarā type which prevails in the whole of India (except in Bengal which is under the Dāyabhāga system). Its peculiarity is that all male members in the family form a coparcenary, that if any male of the family dies his interest devolves by survivorship on the remaining male members including his own male issue, if any, that females have no rights in the family property except marriage expenses and maintenance and no member of the joint family could transfer any part of the family property by will (not even the father) or by sale or mortgage except for certain recognised family necessities This joint family system and the caste system were the bulwarks that kept together Hindu Society for centuries, inspite of foreign invasions and misrule. The Hindu Succession Act (30 of 1956) makes two sweeping changes in the Mitākṣarā joint family system. The explanation to Section 30 of the Act provides that any male Hindu may dispose of by will his interest in the coparcenary property. This is one drastic change. A similar drastic change was made by section 6, its proviso and explanation read together. Briefly it comes to this.