This was the nature of family ownership in its two principal forms, but
the possibility that an individual member of the family could have
something exclusively his own is clearly recognized in the Laws of Manu.
Thus in chap. ix. v. 206, it is said, "Property acquired by learning
belongs solely to him to whom it was given, likewise the gift of a
friend, a present received in marriage, or with the honey mixture." And
again in v. 208, "What the brother may acquire by his labour without
using the patrimony, that acquisition made solely by his own effort he
shall not share, unless by his own will, with his brothers"; and these
texts, as we shall see presently, are still of practical application.
Nowhere has a strict family system prevailed without some analogous
measure of relief (see Sir H. Maine, _Early History of Institutions_, p.
110).
The modern Hindu joint family is a community the members of which are
all descended from a common ancestor, and the wives and unmarried
daughters of those who are married. Perhaps the wives and daughters
might more correctly be said to belong to the family than to be members
of it. In its complete form the family is said to be joint in food,
worship and estate; and notwithstanding the divergence between the
Mitacshara and Dayabhaga systems, the main external features of such a
family are the same all over India. Every Hindu family has a common
home. This does not mean that there is a single house in which all the
members of the family continuously reside, but there is one house where
the family gods remain, where the wants of all the members of the family
are provided for, where the family worship is conducted, and to which
every member of the family is at any time at liberty to resort. This is
the real home of a Hindu. Any other residence, however long it may last,
is looked upon as temporary. Here also the wives and children remain
whilst the men are employed at a distance. With regard to the enjoyment
of the family property there is no distinction, except such as the
members of the family themselves choose to make. Everything is enjoyable
in common. This is the same all over India. It is very necessary to
distinguish between ownership and enjoyment. Although the ownership of
the family property under the Mitacshara differs very materially (as
explained above) from that under the Dayabhaga, the enjoyment in both
cases is the same. There is one common fund out of which the wants of
the family are supplied. No one is dependent upon his own contribution
to the family fund. No one member can say to another, "You have consumed
more than your share, and you must make it good." On the other hand,
whatever is earned goes into the common stock. Though separate
acquisition is possible, it is exceptional, and there is always a
presumption that the earnings of all the members belong to the common
fund, so that if any member claims property as self-acquired he must
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