Effect of a Decree for Maintenance over Hindu Joint Family Property-A legal Study

Abstract

the right of maintenance of all the coparceners out of the joint family funds is an inherent right and an essential quality of the coparcenary. As Mayne puts it: Those who would be entitled to share in the bulk of property are entitled to have all their necessary expenses paid out of its income. Every coparcener, from the head of the family to the junior most member, is entitled to maintenance. Obviously, the right of maintenance is dependant on the possession of joint family property. The right exists because there is a common property and the status is joint. All coparceners are entitled to get all their legitimate expenses defrayed out of the joint family funds. This includes food, clothing, residence, education, medical care and marriage.