Commercial Applications
Answer
The main characteristics of Joint Hindu Family Business are as follows:
Membership — A person becomes a member in the family business by virtue of their birth in the family. No formal agreement is necessary between the family members. The membership is restricted to three successive generations. Minors are also full-fledged members of the family business. There is no limit on the number of members.
Management — The management of joint Hindu family business is rested in the karta. The karta may, however, associate other members to assist them in the management of family business. No other member can interfere in management.
Liability — The liability of the karta is unlimited. The liability of other members is limited to the extent of their share in the property of the family business.
Right to Accounts — Coparceners are not entitled to inspect the accounts of the business. However, a coparcener who is leaving the family business can demand accounts from the karta.
Dissolution — Joint Hindu family business is not dissolved on the death of a coparcener. It comes to an end when all the members notify that they are not members of the joint Hindu family.
Inheritance — The business is created by the law of succession. The share of ancestral property is inherited by a member from their parents or grandparents. Under the Hindu Succession (Amendment) Act, 2005, both males and females have the right to be coparceners.
Governing Law — Joint Hindu Family Business is governed by the Hindu Succession (Amendment) Act, 2005. This Act gives both men and women equal rights to inherit ancestral property.
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