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SUNNY SHAH
Who is a Karta
Senior-most male member of the family After death of father (the karta), the senior-most
male member:
among coparcenors
Powers of Karta
Power of Alienation
Shastric law permitted any member of the family to
alienate joint family property in certain exceptional circumstances However this has undergone considerable change
1. 2.
Power can only be exercised by karta Joint family property can the alienated for only 3 purposes:1. 2. 3.
Karta can alienate joint family property with the consent of coparceners even if none of the abovementioned cases are satisfied.
Legal Necessity
Term not defined
members Property can be alienated at times of distress, such as famine, epidemic, earthquake, flood, etc Necessity not to be understood as absolutely indispensible, but what would be regarded as proper and reasonable. If shown that familys need was for that thing or that article, and if the property was alienated for the satisfaction of the need, it would be enough.
Payment of government revenue and debts payable out of the family property. Maintenance of the coparceners and members of their families Marriage expenses of male coparceners and of the daughters of the coparceners Performance of necessary funeral or family ceremonies Costs of necessary litigation in recovering or preserving the estate Costs of defending the head of the family or any other member against serious medical charge
7.
Benefit of estate
Anything that is done which will benefit the joint family property Preservation of estate from extinction, defense against hostile litigation affecting it, protection of it from injury or deterioration by inundation, etc would be considered benefit of estate.
There was a conflict of opinion as to the meaning of the words for the benefit of the estate. One view was that a transaction cannot be said to be for the benefit of the estate, unless it is of
defensive character calculated to protect the estate from some threatened danger or
destruction.
Another view was that for a transaction to be for the benefit of the estate, it is sufficient, if it is such as a prudent owner, or rather a trustee, would have carried out with the knowledge that was available to him at the time of the transaction.
In Balmukund v. Kamlawati, the SC observed that for a transaction to be regarded as for the benefit of the family, it need not be of defensive character.
Indispensible duties
Implies performance of those acts which are
religious, pious or charitable Performance of marriage also considered indispensible duty though covered under legal necesity
Other Powers
1.
2.
3.
4. 5.
6.
Power to manage Family Affairs Right of Representation Power to receive and spend the family income Liability to Account Power to acknowledge and contract debts Power to settle Family Disputes
Karta has the absolute power to manage family affairs and family property Power to take possession of the Joint Family Property and receive joint family income from whichever source it comes
No individual can retain exclusive possession of specific joint family property or joint family income without his permission.
If coparceners presence in the family home proves to be a nuisance due to his disorderly
behavior or bad habit, karta has power to throw him out of the house.
Right to decide or allot specific portions of the house for family members residence which the latter has to obey.
While taking decisions wrt family members he need not be equitable or impartial. He can give preference to one family member over another.
RIGHT OF REPRESENTATION
Right to represent the family in all legal, social, religious and
revenue matters.
It is presumed that karta represents the family in all legal
LIABILITY TO ACCOUNT
Karta not bound to keep accounts of how he has spent the family funds, as he is presumed to act in the best interests of the family, but where the coparcener demands partition, he can require the karta to give him accounts.
Karta can only be asked to render the accounts as they existed in the date of the demand and cannot be forced to render past accounts, unless there are charges of fraud,
Coparcener can refute the stand of the Karta where the accounts are not acceptable to him, on the grounds that the Karta has not spent the money that he claims to have spent, or the karta has not been honest in showing the properties available for partition and has not included all
business or for any other lawful purpose and such a debt bind the share of all coparceners.
A coparcener even after seeking partition cannot escape the liability of
the debt contracted by the karta, from his share of the property.
his family, but not where such a compromise is for his personal advantage.
Where such arbitration or compromise is for the