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Unit  23:  Joint Family: Types and Functions





                   2.  Matriarchal, Matrilineal and Matrilocal Family:  The place of mother is prominent in this   Notes
                     type of family. Mother also has the ownership rights on property of the family and it is
                     inherited from mothers to daughters. The lineage of the family also run-on the basis of
                     mother’s name and this name is transfered to daughters. We will find, a female, her brother,
                     her sisters and all the females of the family and their children living together in this type
                     of family. This types of families are found in nayyar, garo and khasi tribe. We will discuss
                     here the matriarchal family found in Nayyar’s.
                   3.  Nair Family:  Nayyar joint family is known as ‘Tarwar’ in Malyalam. It consists of a female,
                     her sons and daughters and also sons and daughters of her daughters. In this, way, genera-
                     tions of a family live together in this type of joint family. Children of sons are the member of
                     their wives family and live with their mother. No member of a ‘Tarwar’ family can demand
                     his/her share in the wealth and property as it remains undivided. The wealth and prop-
                     erty is managed by the eldest member of the family known as ‘karnwan’ who is replaced
                     by someone only after his/her death. As a principle the property can be divided with the
                     consent of all the members it can not take place if any one member oppose the division. In
                     this way, the ‘Tarwar’ remain undivided. A member gets all the maintenance facilities till
                     he/she be with the family—1. The permission of karnwan is obtained 2. The behaviour of
                     karnwan is proved to be unfair.
                  As a manager, ‘karwan’ cannot mortgage or sell the property at his/her will. He can be removed
                  for violating the rules but practically he/she is so powerful that we can call him/her a dictator.
                  According to Kapadia, “Nowadays development of nuclear family or ‘Tawazi’ is taking place
                  in the Nayar and the ‘Tarwar’ is disintegrating. Even the caw is encouraging this. As per a new
                  law, “in the event of death of a member in ‘tarwar’ his/her properties will be inherited by the
                  nearest descendant. So the system of ‘Tawzi’ or nuclear family is getting strong after getting
                  the right in property. Once tawzi come into existence, it members lose the right in property but
                  they remain a descendant of the lineage. So they consider themselves a member of ‘tarwar’ and
                  follow the rule of marrying out of family. In case of death of a member, the tawzi members also
                  consider themselves impure for 14 days.


                  II.  On the Basis of Deapth of Generations
                    (a)  Vertical Form of Joint Family:  Members of at least three generations of the same lineage
                     live together in this type of joint family, e.g., Grandfather, father and sons and daughters.
                     According to R.P Desai, only this type of family can be called a joint family.
                    (b)  Horizontal Form of Joint Family:  The relation of brothers is more important in this type
                     of family, means nuclear family of two or more brothers live together in this type of joint
                     family.
                    (c)  Mixed Form of Joint Family:  It is a mixture of both the forms mentioned above in which all
                     the brothers of two or three generations live together.


                  III.  From Point of New of Right in Property
                  From point of new of right in property, a joint family can be divided, into two parts—Mitaak-
                  shara and Daibhag.
                   (i)  Mitaakshara joint family is based on the rules of mitakshara tika written by Vigyaneshwara
                     and it is found all over India except Bengal and Assam. The main characteristics of this type
                     of family are—
                      (a) Sons get right in father’s property by birth. (b) Female members have no right in the
                     property by birth. (c) If a person dies and leave behind no sons, grandsons or great-grand-
                     sons, his property will be divided among his brothers. The female members will get only
                     Dowry. (d) Son can demand their share in property even if father is alive. (e) Father has a


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