This article has been written by Ms . Janvi, a 1st year student of Symbiosis Law School , NOIDA 

ABSTRACT:

This article delves into the intricate tapestry of Sikh personal laws, examining the unique legal framework that governs the personal and family matters of the Sikh community. From the basis of jurisprudence – Guru Granth Sahib and Gurbani to Anand Karaj , their wedding rituals , all depict the beautiful tradition of Sikh people .The ceremony of Anand Karaj symbolizes the sacred union of marriage among them . Sikhs are governed by the common personal law i.e same for all Hindus , Sikhs , Buddhists , Jains etc.  The marriages of Sikhs can be registered under The Anand Marriage Act . Then the article dvelves into the concept of joint family property , it discusses the ways by which a property can be termed as a joint family property. Thus , this article aims to provide a comprehensive overview of the Sikh personal laws as well the concept of joint family property.

INTRODUCTION: 

At the heart of Sikh family laws lie core principles derived from the teachings of Guru Granth Sahib . The family laws govern pivotal aspects of marriage , adoption , divorce , inheritance etc. There is Anand Karaj ceremony which is considered an essential element in the marriage ceremony of Sikhs. Otherwise , most of their aspects are governed by the common family laws and they are being termed as ‘Hindu’ which created a lot of resentment among them at some point as well . The article also does an in depth examination of legal principles governing the concept of joint family or coparcenary property. It discusses the conditions foto a property to be termed as joint family property . For example , the ancestral property , the property thrown into common stock , property acquired by using joint family funds etc. 

SIKH PERSONAL LAWS: 

There is no separate personal law that applies upon Sikhs . The criminal or penal law, in fact, applies uniformly upon all . The code of conduct among the Sikhs has apparently emerged following the baptism of Khalsa . The Sikh Scripture is said to be the most reliable source to understand the Sikh personal laws but is actually esoteric to be easily understood by everyone. The personal laws work in a harmonious aspect for various communities like Hindus, Sikhs , Jains , Buddhists . It is not that attempts have never been made to codify the Sikh personal laws . One of the most successful attempts have been made during the British rule . The examples of the same are Anand Marriage Act ,1909 and the Gurudwaras Act , 1925. The neutralised term ‘Hindu’ used to address the Sikhs has not been readily accepted by the Sikhs . There is no hope as such about their personal laws getting codified in the near future.

The laws binding upon the Sikhs are :

1. The Hindu Marriage Act , 1955
2. The Hindu Succession Act, 1956
3. The Hindu Adoption and Maintenance Act, 1956
4. The Hindu Minority and Guardianship Act, 1956

GURBANI AND GURU GRANTH SAHIB AS SIKH JURISPRUDENCE:

Guru Granth Sahib guides Sikhs to improve the society with love and remove the hatred. Its meaning is revealed through Khalsa. It urges the Sikh to become free individuals , to be free from all kinds of bondages like material , physical , spiritual etc. It thus, believes in emancipation of individuals. The gurus believe in freedom from any kind of restraints. Gurbani refers to the words of Guru Granth Sahib . It means enlightenment and salvation. It contains the teachings of some of the ten Gurus and other enlightened beings. 

SIKH MARRIAGES: 

Anand Marriage (Sikh marriage) Act , 1909, recognises marriages done through Anand Karaj by Sikhs .It holds significant importance in the Sikh community. It is the only legislation that specifically governs the marriages of Sikhs .It was enacted during British period , in 1909. It makes sure that the Sikh marriages get appropriate legal recognition. All the people within Hindu Marriage Act,1955 were termed as’ Hindu’ . This created resentment in the hearts of many Sikhs . And not just Sikhs , Buddhists , Jains were also termed as ‘Hindu’.This went against the spirit of secularism as enshrined in the preamble as well. Sikh marriages then came to be registered under Anand Marriage Act which recoginises their ceremony of Anand Karaj as a way of marriage . Anand Karaj literally means ( blissful union ) . After the ceremony of Anand Karaj , the bride and groom become ready to take lavaas or vows of marriage. Sikhs can now get their marriages registered under this act.

SUCCESSION AMONG SIKHS: 

The Sikhs, in terms of succession, are governed under the Hindu Succession Act, 1956. The succession works in two manners : either testamentary or intestate . Testamentary succession is one in which the will is already made by the owner of the property and intestate succession is where the owner of property dies without making a will . In that case , there are certain rules of succession . The intestate succession differs among and women.

ADOPTION AND MAINTENANCE AMONG SIKHS:

The Hindu Adoption and Maintenance Act, 1956 governs Hindus , Sikhs , Jain , Buddhists in terms of adoption and maintenance. The section 5 of this act states that any adoption made in contravention to this law would be void . There are some requisites to give effect to a legal and valid adoption , which is stated in section 6 of the Act.

DIVORCE: 

Divorce among Sikhs is treated aversely and is considered a taboo till date . The divorce among Sikhs is governed by Hindu Marriage Act , 1955 only . The following can be the grounds of divorce: 

1. Adultery
2. Cruelty
3. Desertion
4. Conversion to another religion
5. Virulent disease
6. Mental disorder 
7. Not being heard for several years etc.

Other options include separation by mutual consent , irretrievable breakdown of marriage etc.

CONCEPT OF JOINT FAMILY PROPERTY:

Joint family property or coparcenary property is the one which is owned by all the members of the Hindu undivided family. Here, all the coparceners have common interests and unity in possession. This concept is unique to Hindu Law and the term Hindu family. The family unit comprises all the persons deriving their lineage descendants from a common ancestor; it includes wives as well as unmarried daughters. Property owned by those family members is thus, known as joint family property or coparcenary property.

COPARCENARY PROPERTY:

As per Hindu law the property that is owned up to four male generations in a family lineage can be said to be the inheritance of coparcenary property. It includes both ancestral property and the property which is acquired with the help of ancestral property.

Such property consists of :

1. Ancestral property.
2. Property that is jointly acquired by the members of Hindu joint family.
3. Property that is a separate property of a family member which is thrown into a common stock.
4. Property that is acquired by utilising the coparcenary property or the joint family funds.

ANCESTRAL PROPERTY

This type of property is associated with Hindu undivided family as well as coparcenary property system . 

1. This type of property can be inherited up to three degrees that is from father grandfather and great grandfather.
2. Property that is allotted by partition will also be called as an ancestral property.
3. These properties devolved by survivorship and not by the concept of succession.(The concept of survivorship means that if any coparcener dies then his share of property will devolve into the other coparceners).
4. The income which is generated through family business also constitutes joint family property.
5. Any property that is acquired in exchange of a joint family property will also be considered as a joint family property.
6. Property which is obtained by a male Hindu by way of gift or will from his father or grandfather or great grandfather i.e. up to three generations would be ancestral or self acquired and Supreme Court held that it depends upon the intention of these three generations that is father or grandfather or great grandfather as expressed in the deeds of gift or will or to be gathered from the terms of the document and the surrounding circumstances that it is ancestral property or not.
7. The ancestral property inheritance is confined to the property inherited from three immediate paternal ancestors and the property which is inherited from maternal grandfather is the absolute property of the inheritor and the inheritor s’ son does not become by birth inheritor of that property.
8. Thus, it can be inferred from the above mentioned point that any property which is inherited by a person from his female relatives cannot be persuade as ancestral property.
9. After partition whatever properties are earned by the brothers, shall not be a part of the joint family property as ancestral property.

PROPERTY ACQUIRED BY MEMBERS OF JOINT FAMILY PROPERTY:

The property which is acquired by the members of joint family by joint labour by the way of business , profession etc, with the help of joint family property. For example , if a property if bought by two brothers by their joint efforts , then it would amount to a coparcenary or joint family property, unless they express contrary intention about the same.

PROPERTY THROWN INTO A COMMON STOCK:

If a coparcener voluntarily puts his self acquired property into the common stock or the mixes it with the coparcenary property , then that property would also amount to coparcenary property. It is not at all mandatory or an obligation upon the coparcener , it should be a voluntary act. This type of mixing of property is also termed as blending of property . It can be done by express words or conduct and it is unilateral. Initially , the females did not have the right to blend her property, but Hindu Succession Act 2005 , gave equal powers in terms of blending of property to the females as well because of the obvious reason that women were not considered coparceners in the Hindu Joint Family.

PROPERTY ACQUIRED BY UTILISING JOINT FAMILY FUNDS :

Property that is acquired with the aid of joint family property or through the accumulation of joint income . Even if a property is acquired by the proceeds of  joint family when it is sold or mortgaged , it becomes a part of joint family property . If the Karta of family purchases a property , then the burden of proof is upon him to establish that the property was bought as a separate property and not as a joint one .

CONCLUSION:

Thus , the exploration of complexities of Sikh personal laws give us a clearer understanding of how their personal relations like marriage , divorce , adoption etc. are managed. It discusses the aspects of their religious- legal jurisprudence . Some of their essential rituals like Anand Karaj are also discussed . However, as Sikhs navigate the contemporary landscape, the coexistence of Sikh personal laws with civil legal systems prompts reflection on the evolving nature of personal and family matters. In countries like India, where a significant Sikh population resides, the intersection of religious and civil laws raises questions about the harmonization of diverse legal frameworks.The concept of shared assets within an extended family has deep historical roots, often influenced by cultural traditions, religious practices, and customary laws. This article has endeavored to navigate the complexities inherent in joint family property as well. 

REFERENCES: 

1. This article was originally written by Indira Basu published on the quint website. The link for the same is herein. Need for Anand Marriage Act for Sikhs & Why It’s in the News Again (thequint.com)
2. This article was originally written by Har Iqbal Singh Sara and published on Institute of Sikh studies website. The link for the same is herein Institute of Sikh Studies, Chandigarh (sikhinstitute.org)
3. This article was originally written by Oishika Banerji published on ipleaders website. The link for the same is herein Hindu Marriage Act, 1955 – iPleaders
4. This article was originally written by Piyush published on Adda 247 wesbsite. The link for the same is herein Anand Marriage (Sikh Marriage) Act in India (adda247.com)
5. This article was originally written by Sowbhagyalakshmi Hegde published on ipleaders website. The link for the same is herein All you need to know about succession under Hindu Law – iPleaders
6. This article was originally written and published on Helpline Law Legal Solutions Worldwide . The link for the same is herein Divorce Procedure for Sikhs – How to Get A Divorce Under Anand Marriage Act in India? (innya.com)
7. This article was originally written by Rupinder Kaur published on Law Corner website . The link for the same is herein Joint Family Property And Separate Property – Explained – Law Corner
8. This article was originally written by Rajinder Goyal published on legal services india website. The link for the same is herein Joint Family,Ancestral and Coparcenary Property (legalserviceindia.com)