AAYUSH BHARDWAJ
- INTRODUCTION : The Hindu Joint Family refers to a family or group of people with same ancestors and lineage of the male descendants up to any generation unitedly with the wife or widows or unmarried daughters of the common ancestor and of the patrilineal descendant, the degree of generation has not been specified it can be up to the any extent. The Hindu Joint Family is headed by the Karta is generally the senior most male member of the family who also act as a representative of the family. To keep the concept easy to understood the karta plays the role of manager of the family ball the powers, positions and liabilities of the family consists with the karta. The thing is that karta is not limited to male even as per the Dharamshastra , in the scenario in which the male member of the family is absent and the present male members are not major, so in that case a female can be a karta of the family as well. Now we will discuss about who can be a karta. While discussing about Senior most male Member then he is entitled to be the karta he entails the right to be the karta of the family. The karta has to be the family member so no individual outside from the family cannot be a karta. In a scenario if the senior most male member departed then second most senior will be the karta of the family by obtaining the consent or through agreement by the family. Even the Junior Male Member can be the karta of he family only on the consent and agreement of the coparceners . Furthermore we will discuss about the characteristics, Powers of Karta, Liabilities and Responsibilities. The whole concept of Karta from top to bottom will be discussed in this article.
- CHARACTERISTICS OF KARTA : The characteristics1 of the karta are as follows :
- While we discuss about the position of Karta then it is unique (Sui Generis). The position of the karta is independent he is the head of the family and no one can be comparable with him among the family so it shows his position in the family which is above all the members.
- While discussing about the powers of the karta then they are innumerable and unlimited the powers of the karta has not been specified as we have discussed above he is the head of the family, so even if he acted on behalf of other family members then he can’t be considered as partner or agent, he will remain the karta.
- As we just discussed about the his position it clearly indicated that he manages all the family affairs and even the scope of his powers is highly broad.
- The karta is the head of the family and has a very dominating role which led to be responsible to no one in the family but it has certain exceptions in which will be held responsible such as in the case of fraud, Misappropriation or Conversion.
- The Karta has the power to utilize the present resources as he wants unless he is not responsible for Fraud, Misappropriation or conversion. He is not in obligation to save, invest or do anything with money.
- He is not in obligation to divide the generated income among the family members. Even he can be partial among the members he is not answerable for that because he is not obligation to be impartial but he must may everyone in the family with which they can fulfill all their necessities.
POWERS OF KARTA : The powers2 of karta in Hindu Law are numerous they are as follows :
- Power of Management
- Right to Income or Remuneration
- Right to Represent Joint Family
- Right to Compromise
- Power to refer a Dispute to Arbitration
- Power to enter into Contract
- Power of Alienation
- Loan on Promissory Note
- Power of Management : The power of management of the karta is absolute in nature. No one in the whole family can even question the managing affairs of the family taken by the karta, he can do whatever he likes to do with the property if he wants to manage then he can if he mismanagement with the property then no can question him but Karta has to provide the maintenance and occupation of property to member of the family another thing to keep in mind is that karta is not responsible for the positive failures.
- Right to Income or Remuneration and Expenditure : The income generated out of the Joint Family property must given to the Karta, after getting the generated income then it is the responsibility of the karta to allot the funds to family member so they can fulfill their needs basically the karta manages the expenditure of the money. The ambit of his power is restricted to spend the money on the family purposes such as management, maintenance, marriage, education , etc.
- Right to Represent Joint Family : Karta is the representative of the joint family in all the aspects whether legal, religious and social matters. The conducts and
decision taken by the Karta is binding on the all the family members, even karta can enter into any contract or transaction on behalf of the family.
- Right to Compromise : The karta of the family has the power to compromise the conflicts about the management or family property. He can compromise family debts, pending suits and other transactions. The Compromise made by the karta can be challenged in court by the inheritor only when it seems malafide in nature.
- Power to refer a Dispute to Arbitration : As we know that Karta is the whole sole of the family so in a scenario where there is some disputes relating to management, family property or of a similar nature then if he wants to then he refer the dispute to arbitration, whatever the award decided it will be binding on all family members of the joint family.
- Power to enter in to Contract Debt : As we know that the karta of the joint family have the implied authority to contract debts and pledge the credits and property of the family. Such conducts have to followed by members of the joint family, even if the Karta is taking loan for benefit of the family or to start or run a family business then the whole joint family is liable to repay the loan taken by the Karta of the family.
- Power of Alienation : No one in the joint family setup can alienate joint family property except the Karta even karta doesn’t have the absolute rights he can alienate the property under three circumstances :
- Legal Necessity
- Benefit of Estate
- Indispensable Duties
- Loan on Promissory Note : Whenever karta takes any loan for any family purpose or executes a promissory note, then all the members and the members who are not the party to the promissory note will be sued in case there is a failure to repay the loan, on this point karta is personally liable on the note.
LIABILITIES OF KARTA : While taking about the liabilities3 of the Karta then here we will 6 liabilities :
- Liability to Maintain : As we know that Karta is the head of the family and duty of the karta is to maintain and manage the family, but in case if he failed to maintain or manage then the family can sue him for maintenance and even ask for the compensation.
- Liability of render accounts : Karta is not supposed to keep the accounts of the family until the family remains joint family, but after partition or during partition then he will be liable to account for the family property. If any of his heirs is satisfied with the accounts, then he can sue the karta to get the truth of misappropriation done by karta.
- Liability of recovery of debts due to the Family : As the head of the family the karta is liable to recover the debts due to the family, it is one of his prime duties to be exercised.
- Liability to spend reasonably : The karta being head of the family also have the funds under his control so he is liable to spend the money on reasonable thin gs or expenditure otherwise poor financial management will led to family to extreme poverty.
- Liability not to eliminate coparcenary property : as we know that karta is the only person who can alienate the property but he is also under the liability in which he should eliminate the property until there are legal necessity, benefit of estate or if there is some indispensable duty.
- Liability not to start new business : The karta should not start new business for his own benefit whatever has to be done by him should have the essential element of well being of the joint family.
RESPONIBILITIES OF KARTA : The responsibilities of karta is top provide clothing, food, shelter etc but along with this there are some other duties as well they are as follows :
- Maintenance : Every member of the joint family is entitled to get maintenance including the karta as well, but as the responsibility to maintain on the shoulder of the karta. If he fails to maintain any member then he can be sued for maintenance later he may also have to pay the compensation as well.
- Marriage and Functions : The karta of the family is responsible for the marriage of unmarried ones even if there is any function to be organized in the family then it will be headed and managed by the karta.
- Representation : As we know that the karta is head of the family and its a very natural hing that the head of the family will act as the representative of the family because he is having responsibilities and liabilities for the smooth functioning of the joint family. He is also entitled to clear all the dues and taxes ob time. If he fails to do so then he can be sued and even in the dealing or agreements he will sued on behalf of the family members.
CONCLUSION: As we know that the position of karta in the family is of supreme and extraordinary with reference to its understanding wider ambit which makes it complex as well. The origin of this concept is ancient but because of the social strata we have it is still prevalent. It can be observed that the Karta has few liabilities and more power, determining his position is unique and supreme. But one thing in which there has to be a change that is section 6 of Hindu Succession Act, 19564 only accepts women as karta only in two circumstances in which when there is no male member in the family or the present male member is minor on
4 Hindu succession act 1956 this point there has to gender neutrality to keep the position of Karta uniform regardless of the gender