KARTA

INTRODUCTION
• ANCIENT FAMILY UNITS HEADED BY THE SENIOR MOST MALE MEMBER IN
THE FAMILY, THE ‘PATRIARCH’, WHO HAD MORE OR LESS AN ABSOLUTE
CONTROL OVER THE PROPERTY AND EVEN OVER THE LIVES OF THE FAMILY
MEMBERS.
• PATRIARCH- UNQUESTIONED RULER OF THE FAMILY.
• REPRESENTED FAMILY IN ALL MATTERS.
• PROMOTION OF FAMILY WELFARE- IMPLIED RESPONSIBILITY.
• PRESENTLY, THE POWER OF HEAD OF FAMILY HAVE BEEN CONSIDERABLY
DILUTED.
• THE TERM ‘PATRIARCH’ HAS BEEN REPLACED BY ‘KARTA’, ALSO DESCRIBED
AS MANAGER OF HINDU JOINT FAMILY.
 WHO CAN BE A KARTA?
- THE FATHER AND IN HIS ABSENCE, THE SENIOR MOST MALE MEMBER (UNCLE, OLDEST
BROTHER)
- POSITION REGULATED BY SENIORITY AND DOES NOT DEPEND UPON MERELY THE
CONSENT OF THE OTHER FAMILY MEMBERS.
- A TEMPORARY ABSENCE OF FATHER IS NOT SUFFICIENT FOR THE SON TO BECOME A
KARTA
- SO LONG AS THE KARTA IS ALIVE NO ONE ELSE ON HIS OWN CAN BE KARTA
- A KARTA CAN EXPRESSLY RELINQUISH HIS POSITION AND WITH THE CONCURRENCE OF
THE FAMILY MEMBERS, ANOTHER COPARCENER, NOT NECESSARILY THE NEXT IN
SENIORITY, MAY BE APPOINTED AS THE KARTA.
- EVEN A MINOR CAN ACT AS THE KARTA AND REPRESENT THE FAMILY THROUGH THE
GUARDIAN
- TWO PERSONS MAY LOOK AFTER THE MANAGEMENT OF THE PROPERTY BUT THE JOINT
FAMILY CAN BE REPRESENTED ONLY BY ONE KARTA. THERE CAN BE ONE AND ONLY ONE
KARTA.
 FEMALE AS KARTA

- THE POSITION OF THE KARTA IS REGULATED BY BIRTH AND IS

GUIDED BY SENIORITY.
- FOR BEING A KARTA, HE SHOULD BE CAPABLE OF ACQUIRING AN
INTEREST IN THE FAMILY PROPERTY.
- GENERALLY, A FEMALE IS NOT KARTA SINCE: (I) A POSITION THAT IS
REGULATED BY BIRTH, CEASES ON HER MARRIAGE. (II) A FEMALE
IS NOT A COPARCENER.
- ACCORDING TO HINDU SAGES ONLY A COPARCENER CAN BE A
KARTA
 FEMALE AS KARTA

 POSITION POST 1985

- BEGINNING WITH 1985, TILL 1994, THE STATES OF ANDHRA PRADESH (1985), TAMIL NADU
(1989), MAHARASHTRA (1994) AND KARNATAKA (1994) INTRODUCED THE POSSIBILITY OF
UNMARRIED DAUGHTERS BEING COPARCENERS IN THE SAME MANNER AS A SON.
- SINCE THEN IN THESE STATES, UPON MARRIAGE, A DAUGHTER CONTINUES TO BE A
COPARCENER, SHE FULFILLS THE REQUIREMENTS FOR BECOMING A KARTA.
- BORN IN THE FAMILY, SHE ACQUIRES AN INTEREST IN THE COPARCENARY PROPERTY AND
THEREFORE, SHE CAN BE KARTA.

 POSITION POST 2005

- AFTER COMING INTO FORCE OF 2005 AMENDMENT TO THE HINDU SUCCESSION ACT, 1956,
A DAUGHTER IS ALSO A COPARCENER IN THE SAME MANNER AS A SON. (SUJATA SHARMA
V. MANU GUPTA (2016))
 POSITION OF KARTA
- THE POSITION OF KARTA IS SUI GENERIS. IT COMES TO HIM BY BEING BORN IN THE
FAMILY AND IS REGULATED BY SENIORITY.
- IT IS TERMINABLE BY RESIGNATION AND RELINQUISHMENT BUT IS NOT INDEFEASIBLE.
- HE IS THE CUSTODIAN OF THE FAMILY INTEREST AND HIS ACTIONS ARE BACKED BY A
PRESUMPTION OF THE PROMOTION OF GENERAL FAMILY AFFAIRS.
- HE IS THE HEAD OF THE FAMILY, BUT THE RELATIONSHIP IS NOT THAT OF PRINCIPAL AND
AGENT UNDER THE CONTRACT ACT, NOR EVEN OF PARTNERS.
- IT IS AT BEST, COMPARABLE TO THAT OF A TRUSTEE, AS HE STANDS IN A FIDUCIARY
RELATIONSHIP WITH THE OTHER MEMBERS OF THE FAMILY BUT UNLIKE A TRUSTEE, HE IS
NOT ACCOUNTABLE TO THE FAMILY GENERALLY..
- WHERE KARTA MISAPPROPRIATES THE JOINT FAMILY FINDS OR USES THEM FOR PURPOSE
OTHER THAN FOR FAMILY BENEFITS, HE IS ACCOUNTABLE AND WILL BE CALLED UPON
TO REFUND THE AMOUNT TO THE JOINT FAMILY CORPUS.
 RESPONSIBILITIES AND
REMUNERATION
• RESPONSIBILITIES OF KARTA
- PRIMARY RESPONSIBILITY OF PROVIDING RESIDENCE AND MAINTENANCE TO ALL THE FAMILY MEMBERS
INCLUDING FOOD, SHELTER, CLOTHING.
- TO PROVIDE FOR MARRIAGE EXPENSES OF UNMARRIED CHILDREN (SPECIALLY DAUGHTERS), FUNERAL
EXPENSES OF DEPARTED MEMBERS.
- TO DEFEND FAMILY IN ALL LITIGATIONS.
- AS A MANGER TO PAY ALL THE STATUTORY OR OTHER DUES, SUCH AS TAXES, DEBTS, DUE TO FAMILY OR TO
FAMILY PROPERTY.

 REMUNERATION FOR SERVICES

- THE POSITION OF A KARTA IS PURELY HONORARY AND HE IS NOT ENTITLED TO DRAW OR RECEIVE ANY
SALARY FOR THE SERVICES RENDERED, UNLESS THERE IS AN AGREEMENT TO THAT EFFECT.
- IF IN PURSUANCE TO AN AGREEMENT, HE AGREES TO RECEIVE A SALARY, THE AGREEMENT WOULD BE
VALID AND THE FAMILY CAN SHOW IT AS AN EXPENDITURE IN THE INCOME TAX RETURNS. NO THIRD PARTY
INCLUDING THE INCOME TAX OFFICER, CAN CHALLENGE ITS VALIDITY.
 POWERS OF THE KARTA

(i) POWER TO MANAGE FAMILY AFFAIRS

(ii) POWER OF ALIENATION: LIMITED POWER TO ALIENATE. THE KARTA MAY ALIENATE THE
JFP IN THE FOLLOWING 3 CASES:
(a) LEGAL NECESSITY
(b) BENEFIT OF ESTATE
(c) ACTS OF INDISPENSABLE DUTY

(iii) RIGHT OF REPRESENTATION

(iv) POWER TO RECEIVE AND SPEND THE FAMILY INCOME
(v) LIABILITY TO ACCOUNT
(vi) POWER TO ACKNOWLEDGE AND CONTRACT DEBTS
(vii) POWER TO SETTLE FAMILY DISPUTES