Karta

Karta

In Hindu law, the joint family has always been considered as a patriarchal organization in

which the senior most male ascendant is revered as the elder of the family or Karta or

manager.

A Karta is revered as an elder member of the family. In Hindu law, here are some of the

functions that are carried out by a Karta:



Takes decisions for the welfare of the family.



Acts on behalf of the family regarding all important matters.



Occupies a fiduciary position as the family members trust him to manage thei r

property related matters.



He has the power to incur debts or opt for a loan on behalf of the family.

Karta:

Senior Most Male Member: - It is a presumption of Hindu law, that ordinarily the senior

most male member is the Karta of the joint family.

The senior most male member is Karta by virtue of the fact that he is senior most male

member. He does not owe his position to agreement or consent of other coparceners. So long

as he is alive, may be aged, infirm, or ailing, he will continue to be Karta. Even a leper may

continue to be the Karta1. However, in cases of insanity or any other disqualifications, the

next senior male member generally takes over the Kartaship. Once this is done the former

will cease to be a Karta.

So long as the father is alive, he is the Karta. After his death it passes to the senior most male

member, who may be the uncle, if coparcenery consists of uncles and nephews, or who may

be the eldest brother, if coparcenery consists of brothers.

Other Male Member:

In the presence of a senior male member, a junior male member cannot be the Karta. But if

all the coparceners agree, a junior male member can be a Karta. Coparceners may withdraw

their consent at any time. "So long as the members of a family remain undivided the senior

member is entitled to manage the family properties including even charitable property and is

presumed to be the manager until the contrary is shown. But the senior...