AIR 1994 KARNATAKA 276 ::(1994) 2 HinduLR 47 ::(1994) 3 Kant LJ 481 ::(1995) 1 CurCC 426 ::(1994) 2 DMC 214 ::(1995) MatLR 123 ::ILR(1994) Kant 1282

Karnataka High Court

Hon'ble Judge(s): C. Shivappa, R. V. Vasantha Kumar , JJ

(A) Hindu Law - Joint family property - Property in hands of widow and her female children - No male member existing - Not joint family property - Widow cannot act as Manager or natural guardian and meddle with family property so as to bind interest of her minor female children. Hindu Minority and Guardianship Act (32 of 1956) , S.8— In the absence of male member, the family property in the hands of widow and her female children cannot be characterised as Joint Hindu Family Property with a view to enjoin the widow to act as either Manager or as natural Guardian to meddle with the family property with a view to bind the interest of minor daughters who will have succeeded to the estate of their father by virtue of succession under the provisions of Hindu Succession Act, dehors the provisions of Section 8(3) of the Hindu M and G Act 32 of 1956.(Para 9) Hindu Joint Family can exist with one male member. For the mother to act as natural guardian regarding the Joint Family Properties the existence of male member is essential. Where male member is a minor even then he can be construed as karta of the Joint Hindu Family and mother as natural guardian of the Manager minor karta of Joint Hindu Family can meddle with the family properties for family necessity so as to bind all the member of Joint Hindu Family. But where there is no male m....