Law:

Section:

Hindu Law-Partition of joint family property - Marriage expenses of unmarried daughter-Whether will come out of joint finally property or out of share of her father in joint family property-Position under Dayabhaga and Mitakshara Schools.   Where in a suit for partition of joint family property by a member of a Hindu joint family governed by the Dayabhaga School, it was contended that the marriage expenses of an unmarried daughter should come not from the entire joint family property but out of the share of her father in that property.   Held, that in the Dayabhaga School of Hindu Law there is no specific provision for marriage expenses of unmarried daughter of a member of a joint Hindu family and so the provisions in the Mitakshara School of Hindu Law have to be looked to in this respect. Under the Mitakshara School of Hindu Law the principle of law is that the marriage expenses of an unmarried daughter in lieu of her share in the joint family property degenerated to right of maintenance and marriage expenses. Both under the Mitakshara and Dayabhaga Schools of Hindu Law, inheritance of the ancestral property by the members of the family is through heir respective father, that is per stripe on the death of the grand-father or great-grand-father and the son's daughter's share in the property of her grand-father came out of her father's share. If her marriage expenses are in lieu of her share in the property and if that share is to come out of her father's share, it cannot be claimed at the time of partition out of the entire property including tile properties of the share of her uncle, I.e., out of the share of the collateral branches or upon the members higher in the genealogical tree, but only out of the share of her father. It, therefore, necessarily follows that the expenses of marriage of an unmarried daughter in the family at the time of partition will be provided out of the share of her father and not out of the entire joint family property 'this is the position of the joint family under tile Mitakshara School of Hindu Law where the demand for partition of a joint family property effects the severance of the joint family…