DR. AMBEDKAR AND THE HINDU CODE BILL 563
87 lay down is that there will be automatic disruption of every joint family existing in India, simultaneous with the enforcement of this Act.
Shri L. Krishnaswami Bharathi ; There is difference between joint family and joint property.
Pandit Mukut Bihari Lal Bhargava: I am coming to that.
Pandit Lakshmi Kanta Maitra : They are trying to put you off the rails. You go on, please.
Pandit Mukut Bihari Lal Bhargava : The Bill provides in clauses
86 and 87 that no court of law will take cognizance of any claim on the basis of birth. On the day this Bill comes into force, and further, that every joint family will be deemed to have disrupted so that joint tenancy would be converted into tenancy in common, simultaneous with this legislation. But I ask, why do you want this? Is there any uncertainty in the law to-day, in the existing Hindu Joint Family Law ? I respectfully submit there is none. Everybody knows what is meant by coparcenary and what are the incidents of coparcenary property. Why do you want it to be partitioned? My respectful submission is that this is against what was provided even by the Rau Committee. And public opinion, scanty as it was, was taken not upon the Bill as it exists today, but upon the Bill as was drafted by the Rau Committee. Therefore there is absolutely no information why a point of such vital change in the structure of the Bill has been brought about.
Now, what are the advantages of a joint Hindu family? What are the advantages of having coparcenary property ? I submit that...............
Shri B. N. Munavalli (Bombay State): Are there no disadvantages ?
Pandit Mukut Bihari Lal Bhargava: Of course, there are disadvantages, if everybody wants to go on living in a selfish way, entirely for oneself, without any regard to their relatives. But if you look at society in the way in which the Smritis wanted us to, we should renounce something for others also, for the other members also, to sacrifice something to make the family, a joint family then there is no disadvantage. There is every advantage and no disadvantage. My submission is that it cannot possibly be accepted by every Hindu family.
One of my friends here reminded me that Mitakshara is not governing Bengal and Assam. But Sir, you must keep the whole country before you and ……………