Concept of Karta in Hindu Law
Tue, 03/30/2010 - 05:39 — LIG Reporter
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.
Role of Karta in Hindu Law
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 their property related matters.
- He has the power to incur debts or opt for a loan on behalf of the family.
Other interesting facts about karta in Hindu law are:
- A woman cannot be a karta as only a coparacener can be a karta under Hindu law.
- A karta’s role is not similar to that of a trustee. For example, a trustee is subject to strict accounting rules while managing the trust but a karta is not. When a family member brings a suit for partition, he cannot charge the karta for past mismanagement. He/she can only ask him to account for what is existing as assets at the time of partition.
- Karta does not gain legal ownership over the entire coparacenary property that he is managing.
- When karta dies, his eldest son becomes the manager. If the eldest son gives up the right to be so, the junior son can become the manager.
Final Legal Take Away Tip: When all the sons are minors, the mother can assume their guardianship to protect their interests but she cannot be a karta.
Comments
Utter Nonsense...
Try looking at it logically... the "karta" in this case is a law maker, it is the woman who implements it by different means & ability, but if ego is kept aside & taking credit is not the only agenda... it is the woman who is the real caretaker.
Karta can be a women of the family as per Hindu Succession (Amendment) Act 2005, if no senior male member exists or minor male members only exists
A woman can be a Karta under Hindu Succession (Amendment) Act,2005 because a daughter now has the right to be a coparcener and since only a coparcener can be Karta, therefore, it can be implied that a woman can also be Karta depending upon the facts and circumstances.
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