Submitted by: Submitted by nehi
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Pages: 22
Category: English Composition
Date Submitted: 03/14/2013 07:31 AM
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...