Who is a Karta:- “Manager – Property belonging to a joint

family is ordinarily managed by the father or another senior

member of the family: The Manager of a joint family is called
Karta.” There can be more than one Karta and only coparcener
can become Karta. Suraj Bunsi Koer v. Sheo Persad, 1880 ILR
5 Cal 148. He looks after the family, takes care of day to day
expenses and protects the joint family properties.
Who can be a Karta:- The senior most male member so long
as he is alive may be, aged, infirm or ailing continues as Karta.
By his death Kartaship will pass on to next senior most male
member. In the presence of senior most male member a junior
cannot act as Karta but if all coparcener agree, a junior also
can become a Karta.
Female Member:-
In Commissioner of Income Tax Vs. Seth Govind Ram, the Supreme
Court held mother or any female member could not be Karta of joint
family and therefore cannot alienate joint family property.
Position of Karta:- He stands fiduciary relationship with other
members but he is not a trustee, nobody can question what he spent
unless charges of misappropriation.
Powers of Karta:-
Power of management
Right to Income
Right to representation
Power to compromise
Power to refer a dispute to arbitration
Power of acknowledgement and to contract debts
Power to enter into contract
Power of alienation:- Nobody in the family has power to alienate
joint family property. However Karta has power of alienation
under 3 circumstances.
1. Apatkale (legal necessity): It includes all things deemed
necessary for family members. It, however, needs to be shown
that the alienation of the property was for the satisfaction of such
a need. In Dev Kishan v. Ram Kishan AIR 2002 Raj 370, the
Karta, under the influence of one other member of a Joint Hindu
Family mortgaged and sold the property for the illegal purpose of
marriage of two minor daughters. Their contention was that the
act was done in furtherance of a legal necessity. The court, in this
case, held that the act was done in furtherance of an unlawful
purpose, as the act was in contravention of the Child Marriage
Restraint Act, 1929, hence, it was not a lawful alienation.
2. Kutumbarthe (benefit of family): The Supreme
Court has observed that it also includes anything done
for positive benefit. The test is a thing that a prudent
person would do for his property.
3. Dharmamarthe (religious performance): This
includes all indispensable duties like sradha, upananyana
and the performance of any other necessary sanskars.
Kartas Liabilities:- Karta is liable to maintain, render
accounts, recover debts due to the family, spend
reasonably, alienate coparcenary property, not to start
new business unless adult coparceners of the family
expressly or impliedly consents.
 STREEDHAN
It means ‘property of woman’. This is a concept, which came down all
the centuries from the Hindu Smritis but has today, engulfed all forms
of marriages in all visible castes and regions. The following are
Streedhan in the hands of a woman whether she is a maiden, married
woman or widow. It includes both movable and immovable property
acquired by her by inheritance, partition, gift or will or acquired in lieu
of maintenance or arrears of maintenance or acquired by her own skill
or exertion or by purchase or by prescription
• Gifts made to a woman before the nuptial fire.
• Gifts made to a woman at the bridal procession
• Gifts made in token of love by father-in-law, mother-in-law
• Gifts made by father, mother and brother.
• Others include any property which a Hindu female gets on partition,
property under an award or decree or agreement or compromise or
inheritance, or will.
For a married woman Streedhan falls under two heads:
•The saudayika (gifts of love and affection) – gifts received by a
woman from relations on both sides (parents and in-laws).
•The non-saudayika– all other types of Streedhan such as gifts from
stranger, property acquired by self-exertion or the mechanical arts.
Dowry versus Streedhan
The Judiciary has tried to make references of two distinguished case-
laws, in order to put light on the Streedhan laws and laws against
dowry.
A. Bhai Sher Jang Singh vs Smt. Virinder Kaur, the groom’s side is
bound to return back all the items including property, ornaments,
money and other belongings offered by the bride’s side at the time of
marriage, if claimed. In the case of denial, the groom’s family is
tending to get strict punishment.
B. Pratibha Rani vs. Suraj Kumar. Rani’s family
had given Rs 60,000, gold ornaments, and other
valuable items to the Kumar’s family on their
demand. But she was forcefully kicked out of her
in-laws house. The supreme Court gave judgment
in favor of her stating “a Hindu married woman is
the absolute owner of her Streedhan property and
can deal with it in any manner she likes and, even
if it is placed in the custody of her husband or her
in-laws they would be deemed to be trustees and
bound to return the same if and when demanded by
her”.
LEGAL STATUS OF STREEDHAN
• Application u/s. 405 of IPC (Misappropriation of property). In Rashmi Kumar vs.
Mahesh Kumar Bhada the Supreme Court held that when the wife entrusts her
Streedhan property with the dominion over that property to her husband or any
other member of the family and the husband or such other member of the family
dishonestly misappropriates or converts to his own use that property, or willfully
suffers and other person to do so, he commits criminal breach of trust.
• Application under allied laws: A woman’s right to her Streedhan is protected
under law. S. 14 of the Hindu Succession Act, 1956 R/w S. 27 of the Hindu
Marriage Act, 1955 make a female Hindu an absolute owner of such property.
Section 12 of the Domestic Violence Act, 2005 provides for women right to her
Streedhan in cases where she is a victim of domestic violence.
Rights Of A Woman Over Her Streedhan: The husband and in-law’s family
members have no rights over a woman’s Streedhan. Because the marriage expenses
and dowry are not Streedhan as held in Ashok Laxman Kale vs Ujwala Ashok Kale.
Coparcener
a coparcener is a person who acquires a right in the ancestral property by
birth and has a right to demand partition in the HUF property. Prior to the
amendments made by the Hindu Succession (Amendment) Act,2005, only
male members of a family had a right to the Ancestral property by birth and
they were only entitled to demand partition in the HUF Property and thus
only male members were called coparceners. It has also been said that the
male members upto three lineal descendants are coparceners meaning a
family consisting of father, his son, son’s son and son’s grandson are
coparceners in the Hindu property. The genesis of coparcenary thus is a
common male ancestor with his lineal descendants in the male line within
three degrees excluding him e.g. his son, son’s son and son’s grandson. This
genesis is so long as the male ancestor is alive and after his death, the three
degrees can consist of collaterals such as brothers, uncles, nephews and
cousins etc. The amendments made by Hindu succession (amendment) Act,
2005 whereby even daughters have been included within the term
coparceners and all references to son shall equally apply to daughters also.
Rights of a coparcener
•Community of interest and unity of possession
•Share of Income
•Joint possession and enjoyment
•Right against exclusion from joint family property
•Right of maintenance and other necessary expenses
•Right to restrain improper acts
•Right to enforce partition
•Right to account
•Right of alienation
•Right to impeach unauthorised alienations
•Right to renounce
•Right to make self-acquisition and manage
Dayabhaga rule
A son is entitled to his ancestral property only on the death of
his father
The coparcenary is, on the death of a person established
between his sons.
Ownership is fractional as shares are not affected by birth or
death in the family.
Every coparcener has full ownership over his share
Property of both joint and separate devolves only in one way
i.e., by succession to the heirs. No rule for survivorship.
On the death of a sonless coparcener, his widow gets his share
and becomes a coparcener. Mitakshara does not recognize this.
 it presents 3 kinds of offering to the deceased ancestors
(parvana sradha)
a. Pinda or an entire cake, called an undivided obligation
b. pinda-lepas or remnants of the pinda which cling to the
hand while missing the ingredients of which the pindas are
composed, called divided oblation and
c. Libations of water.
 This offering gives rise to 3 classes of heirs-
1. Sapindas: (i) those to whom he is bound to offer the pinda
during lifetime e.g., 3 immediate paternal and maternal
ancestors.
(ii) they are bound to offer the pinda on the death e.g., father,
grand father and the great grand father; also son, grand son
and great grand son (paternal + maternal).
(iii) 3 immediate paternal and maternal ancestors, e.g.,
brother, brother’s son, uncle, uncle’s son, sister’s son,
maternal uncle and his son, maternal aunt’s son and
descendants of all of them.
2. Sakulyas: belongs to same kula or family, namely those-
(i) To whom he is bound to offer a pinda-lepa during
lifetime; e.g., the 4th, 5th and 6th paternal male ancestors.
(ii) Who are bound to offer a pinda-lepa to him on his
death; e.g., the 4th, 5th and 6th male descendants
(iii) 6th paternal male descendants of father, grand father
and great grand father.
3. Samonodakas: The persons by and to whom libations of
waters are offered; all are agnatic relations from 8th to 14th
degrees.