Hindu Joint Family Can Revert Back And Continue Joint Family Status Even If Partinioned

Background

• In this case of R. Janakiammal vs. Kumarasamy, there was a partition dated 7th November 1960 between three brothers.
• The Appellant claimed that the said partition agreement was entered into by the three brothers to save the landed property from the Land Ceiling Act and there was no intention of separating each branch and changing the joint family status.
• The Appellant contended that there was reunion between the three brothers to revert to the status of Hindu Joint Family which can be proved from the acts and conduct of the parties subsequent to 7th November 1960.

Court’s Findings

• The issue before the Hon’ble Apex Court was whether a particular house property purchased in 1979 is a joint family property or not.
• Considering the facts of the case, the Top Court Bench of Hon’ble Justices Ashok Bhushan and Subhash Reddy found that in 1979, when the residential property was obtained in the name of one brother, all 3 branches were a part of the Hindu joint family.
• The Court while giving its judgment referred to the concept of reunion in Hindu Law explained in Mulla on Hindu Law, 22nd edition. According to the concept of reunion in Hindu Law, a reunion in estate property can only take place between the persons who were parties to the original partition. Further, the effect of reunion is to remit the reunited members to their former status as member of a joint family. To constitute a reunion, there must be intention of the parties to reunite.

Judgment

• The Hon’ble Supreme Court in its judgment held that Hindu Joint Family, even if partitioned can revert back and continue the status of joint family.
• The Supreme Court Bench observed that acts and conduct of the parties may lead to the inference that the parties reunited after partition.
• The Court held that the house property purchased in the name of one member of the Hindu joint family was for the benefit of all.
• The Hon’ble Court also observed that the individual member of a joint Hindu family can file his/her separate returns under Income Tax Act as well as Wealth Tax Act. The Court held that the filing of such returns had nothing to do with the status of the family.
• The Bench held that all three branches had equal share in the residential property.

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